GHULAM NABI WANI AND ANR v. UNION TERRITORY OF J AND K AND ORS (REVENUE DEPARTMENT)
WP(C)/469/2025 · 2025-03-11
Rahul Bharti
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6509 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6509 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S.No.102 Supp. List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 469/2025 CM(1112/2025) GHULAM NABI WANI AND ANR …Petitioner(s)/Appellant(s)
Through: Mr. Mudasir Bin Hassan, Advocate
Vs.
UNION TERRITORY OF J AND K AND ORS (REVENUE DEPARTMENT) ...Respondent(s) Through:
CORAM:HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER 11-03-2025
1. The petitioners and the respondent No. 8 are brothers and sister who got engaged in a litigation related to inheritance with respect to estate of their father which resulted in getting adjudication on file No. 162/FC-AP of 2022 titled “Mst. Rafiqa vs. Ghulam Nabi Wani and anr” from the Financial Commissioner (Revenue) J &K by virtue of order dated 10-02-2023.
2. The learned counsel for the petitioners submits that the adjudication, in terms of order dated 10-02- 2023, was accepted by the petitioners to be just adjudication of the matter since a denovo enquiry was mandated in the matter.
3. The learned counsel for the petitioners submits that the cause of action for the petitioners to come up with the present writ petition is that misinterpretation being sought to be given by the subordinate revenue officials with respect to the intent and import of the adjudication of the learned Financial Commissioner (Revenue) J&K for which purpose the petitioners made an effort to apprise the learned Financial Commissioner (Revenue) J&K with an application but the same was not entertained leaving the petitioners exposed to prejudice.
4. This petition is disposed of at its inception stage by directing the petitioners to re-present the application, which is obtaining annexure-III page 34 to this writ petition before the Financial Commissioner (Revenue) J&K within a period of seven days from the date of passing of this order along with the certified copy of this order, whereupon the learned Financial Commissioner (Revenue) J&K after giving an opportunity of appearance and hearing to Mst Rafiqa shall dispose
of the petitioners’ the application within a period of one month.
5. Till the disposal of the application as directed to be resubmitted by the petitioners before Financial Commissioner (Revenue) J&K, the status quo with respect to the subject matter property of mutations
order dated 05-05-2023 be maintained by both sides.
6. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 11-03-2025 Mubashir