ROHIN KHANNA AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE)
WP(C)/693/2025 · 2025-03-27
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6711 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6711 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 55 Suppl.
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 693/2025 CM(1725/2025) Rohin Khanna And Anr …Petitioner(s) Through: Ms. Asifa Padroo, Advocate
Vs. Union Territory Of J And K And Ors ...Respondent(s) Through: Mr. Rais ud din Ganai, Dy. AG
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 27.03.2025
1. In the instant petition, petitioners are seeking direction upon the respondent No. 2- Financial Commissioner, Revenue and respondent No. 4- Deputy Commissioner, Kupwara to designate an alternative officer or exercise their jurisdiction to conduct the mutation proceedings within a time-bound manner. The petitioners are further seeking direction upon the respondents to expeditiously attest the mutation of the subject property in favour of the petitioners in accordance with law.
2. It is stated that the dispute pertains to the property belonging to the petitioners predecessors-in-interest comprising of land measuring 49 kanals and 02 marlas falling khasra Nos 389, 392, 397, Khewat No. 103, Khata No. 468 (land measuring 42 kanals, 12 marlas, land measuring 03 kanal, 8 marlas falling under Khasra No. 390, Khata No. 505 and Khewat No. 109, land measuring 1 kanal, 10 marlas falling under Khasra No. 388, Khata No. 506 and Khewat No. 109 and land measuring 1 kanal 12 marlas falling under khasra No. 396, Khata No. 507 and Khewat No. 109 situated at revenue estate Kaweri Tehsil Handwara, District Kupwara, Kashmir.
3. It is stated by learned counsel for the petitioners that the respondent No. 2- Financial Commissioner, Revenue in terms of an order dated 15.07.2025 passed in a revision petition had directed the Tehsildar concerned as under:
“Accordingly, the revision petition is accepted, the impugned
order is set aside, and the matter is remanded to the Additional Deputy Commissioner Handwara for conducting further proceedings while ensuring to provide reasonable opportunity of hearing to all concerned, with due consideration to the records and the legal provisions. In order to preserve the lis, it is further ordered that the status quo shall be maintained on spot as well as in the records and no transactions whatsoever shall be permitted till conclusion of the case. Petitioner to appear before the Additional Deputy Commissioner on 29.07.2024, and Additional Deputy Commissioner will summon the other side as well and dispose of the matter expeditiously, preferably within a period of 60 days as the matter has been in pendency since 2019. Additional Deputy Commissioner shall, if prayed for, grant virtual hearing”.
4. The Tehsildar had submitted the report on 01.05.2024 in terms of an
order dated 15.07.2024. In terms of the order dated 15.07.2025, Additional Deputy Commissioner was directed to summon the other side and dispose of the matter expeditiously within a period of 60 days but despite the fact that the Tehsildar has submitted his report in the month of May, 2024, the proceedings have not been initiated and decided by the Additional Deputy Commissioner till date.
5. Learned counsel for the petitioners submits that on 04.03.2025- Tehsildar Handwara has stated that due to the transfer of Additional Deputy Commissioner, Handwara, no one has been given any charge on the said post as such the proceedings could not be initiated and decided till date.
6. Learned counsel for the petitioners further submits that petitioner would feel satisfied if the instant petition is disposed of with a direction to respondent Nos 2 to 4 to make any alternative arrangement so that the proceedings could be initiated and decided expeditiously.
7. Mr. Rais ud din Ganai, learned Dy. AG was directed to seek instructions. Learned Dy. AG has stated that as of now no one has
been give the charge against the post of Additional Deputy Commissioner Handwara.
8. Be that as it may, instant petition is disposed of with a direction to respondent Nos. 2 to 4 to make any alternate arrangement against the post of Additional Deputy Commissioner, Handwara and to conclude the mutation proceedings of the petitioners within a period of two months from the date of passing of this order.
(MOKSHA KHAJURIA KAZMI)
JUDGE SRINAGAR 27.03.2025 Aamir
Amir Rashid Sofi I attest to the accuracy and authenticity of this document 27.03.2025 16:19