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2025 DAILYLAW 7492 (JK)

BASHIR AHMAD DAR AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE)

WP(C)/1176/2025 · 2025-05-21

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 153 Suppl. List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1176/2025 Bashir Ahmad Dar and Ors. …Petitioner(s) Through: Mr. Sajad Ashraf, Advocate Vs. UT of JK and Ors. ...Respondent(s) Through: Mr. Illyas Laway, GA. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 21.05.2025 1. The instant petition has been preferred against the order dated 7th January, 2020, passed by the learned Joint Financial Commissioner (Rev), Srinagar, in case titled Mst. Khatija vs. Bashir Ahmad Dar and Ors, whereby, the revision petition preferred by the respondent no. 4 under Section 15 of the Land Revenue Act against Mutation No. 1637 has been entertained despite the fact that the same being hopelessly time barred and devoid of any merit as per the learned counsel for the petitioners. 2. From the bare perusal of the aforesaid order, which is subject matter of the instant petition, it is apparently clear that till date the issue of limitation has not been decided by the learned Joint Financial Commissioner (Rev), Srinagar, and the petitioner, without waiting for the outcome of the same, has rushed to this Court prematurely, as such, the instant petition is not maintainable. 3. It has been brought to the notice of this Court by Mr. Sajad Ashraf, learned counsel appearing for the petitioners that the next date in the instant matter before the Joint Financial Commissioner (Rev), Srinagar, has been fixed in the month of June, 2025. 4. When confronted with the question of limitation, Mr. Sajad Ashraf, learned counsel for the petitioners submits that he would feel satisfied if the Joint Financial Commissioner (Rev), Srinagar, is directed to address the issue of limitation before proceeding further in the matter on merits. The submission of learned counsel, even otherwise, finds mention in the order impugned, whereby, the Joint Financial Commissioner (Rev), Srinagar, was of the view that the issue of limitation shall be addressed appropriately before proceeding further in the merits of the case. 5. In view of the aforesaid and having regard to the submissions made by learned counsel for the petitioners, this Court deems it proper to request the Joint Financial Commissioner (Rev), Srinagar, to address the issue of limitation before proceeding further in the matter within some reasonable promptitude. Accordingly, the instant writ petition with the aforesaid observation is dismissed being devoid of any merit. However, the dismissal of the instant writ petition shall not come in the way of the petitioners to re-agitate the matter before any appropriate Forum, if fresh cause of action is accrued to them under law. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 21.05.2025 “Shamim Dar”