59 Supp HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 68/2025 CM No. 1836/2025 Ghulam Nabi Bhat and Ors. ….. Appellant (s) Through: Mr. M M Dar, Adv. with Mr. Kaiser Ali, Adv. V/s Union Territory of J&K & Ors ….. Respondent(s) Through: Mr. Sheikh Mushtaq, Adv. Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge. Hon’ble Mr. Justice Mohd Yousuf Wani, Judge ORDER 18.04.2025 1. The application seeking condonation of delay in filing the appeal against Mutation Nos. 2426 and 2429 dated Nil in respect of land measuring 02 Kanals and 13 marlas comprising Survey No. 1383 situated at Village Nowgam Tehsil and District (Budgam now Tehsil and District Srinagar) attested under Section 4 and 8 of the Agrarian Reforms Act respectively, came to be preferred by the respondent No. 2 and 3. 2. The appellate authority vide its order dated 29.01.2019 condoned the delay in filing the appeal with an observation that from perusal of the record it is found that the dates of attestation of both P a g e | 2 LPA No. 68/2025 CM No. 1836/2025 mutations have not been mentioned which make both the mutations doubtful. 3. Aggrieved of said order dated 29.01.2019, the appellants preferred the writ petition bearing OWP No. 550/2019 which came to be dismissed by the learned writ Court vide its order dated 03.03.2025. 4. The appellants have now come up with this intra-Court appeal against the judgment passed by the learned writ Court on the ground that in mutation No. 2429, date is clearly mentioned as 17.06.1991 but the appellate authority as well as the learned writ Court have not considered this aspect of the case and rejected the contention of the appellant erroneously. The condonation of the delay was sought on the ground that the private respondents were in litigation and despite the stay order, mutations came to be attested and the impugned mutations came to their knowledge only on 28.10.2009. 5. During the course of hearing, learned counsel for the appellants produced a receipt in respect of deposit of levy and perusal of the same reveals that it bears 17.06.1991 as date and 156807 as the receipt number. 6. We have perused the mutation bearing No. 2429 and the date of attestation as submitted by Mr. M M Dar, Advocate is in fact the P a g e | 3 LPA No. 68/2025 CM No. 1836/2025 date mentioned on the receipt. The appellate authority and the learned writ Court have already arrived at the conclusion that both mutations do not bear dates and we are also of the similar view, as such, we do not intend to show any indulgence. Accordingly, this appeal is found to be misconceived and is dismissed. (Mohd Yousuf Wani) (Rajnesh Oswal) Judge Judge SRINAGAR 18.04.2025 Aasif