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2025 DAILYLAW 7634 (JK)

ABDUL SALAM WANI AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ANR

WP(C)/1305/2025 · 2025-06-17

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 13 SUPPLEMENTARY CAUSE LIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1305/2025 CM(3483/2025) Abdul Salam Wani & Anr. …Petitioner(s) Through: Mr. Sheikh Younus, Advocate. Vs. Union Territory of J&K and Anr. ...Respondent(s) Through: CORAM: Hon’ble Mr. Justice Mohd. Yousuf Wani, Judge. ORDER 17.06.2025 01. The case of the petitioners as projected through the medium of the instant petition filed under Article 226 of the Constitution of India in nutshell, is that the petitioner No. 1 being owner of land measuring 1-kanal under Khasra No. 424 Min, Khata No. 590, Khewat No. 177 situated at Tral-I- Bala, Tehsil Tral, District Pulwama, executed a sale deed in respect of the said land in favour of the Petitioner No. 2. That a formal sale deed executed by the Petitioner No. 1 in favour of Petitioner No. 2, complete in all respects, was filed before the Respondent No. 2 through the medium of prescribed online mode, which fact is borne out from the printout extract constituting Annexure-IV (Pages 17 and 18) to the writ petition, but the Respondent No. 2 did not address to the subject document in accordance with the provisions of the Registration Act. That the Respondent No. 2 as per law was required to admit the document to the registration as the same was complete in all legal aspects, but he in dereliction of his statutory obligation, did not admit the document to registration. That the Respondent No. 2 also even did not pass any order of refusal on the document in accordance with law, thereby unabling the petitioners to seek legal remedy under law. 02. I have heard that learned counsel for the petitioners and considered his submissions. 03. In the facts and circumstances of the case, this Court is of the opinion that the instant writ petition can be disposed of at this threshold stage without notice to the other side by passing of such appropriate orders, which otherwise are meant to be followed under law. 04. In the backdrop, instant writ petition is disposed of at this stage with the direction to the Respondent No. 2 to address to the subject document by admitting the same to the registration or by refusing the registration of the same, whichever situation is warranted in the light of the law. In case of refusal to register the document, the respondent No. 2 shall record the reasons for the same as required under law. The needful shall be done by the Respondent No. 2 within a weeks’ time. (Mohd. Yousuf Wani) Judge SRINAGAR: 17.06.2025 “HAMID”