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2025 DAILYLAW 7915 (JK)

GHULAM MOHI UDDIN GANIE v. UNION TERRITORY OF J AND K (REVENUE) AND ORS

WP(C)/1481/2025 · 2025-07-01

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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Serial No. 1 Regular cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … WP(C) 1481/2025 CM(3804/2025) GHULAM MOHI UDDIN GANIE ……...Petitioner(s) Through: Mr. Gowhar Majid Dalal, Adv. Mr. Ibrahim Mehraj, Adv. Versus UNION TERRITORY OF J AND K (REVENUE) AND ORS. .……Respondent(s) Through: None. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 01.07.2025 1. While the matter was being argued, it has been brought to the notice of the court that pursuant to the filing of the instant petition, the concerned Tehsildar Watergam has passed order dated 19.06.2025 by virtue of which it has been held that the parties in dispute have not made any partition deed with respect to their ancestral landed property or land in question as both the parties were staking claim or having sought possession of the land in question. 2. As per the concerned Tehsildar, the matter is of purely a partition and delivery of possession upon which he lacks inherent jurisdiction to adjudicate the issue in question and through the medium of the aforesaid order, he has granted liberty to agitate the rights before the competent authority in the instant matter and in the aforesaid backdrop the case has been disposed of and has been consigned to record without commenting upon the merits of the case or the legality of the order passed by the concerned Tehsildar. 3. When confronted with the maintainability of the instant petition in the light of the aforesaid order, the petitioner seeks withdrawal of the instant petition with liberty to seek appropriate remedy under law. The order passed by the concerned Tehsildar which has been provided to this court has been placed on record. 4. The writ petition is accordingly dismissed as withdrawn with liberty as prayed for. (WASIM SADIQ NARGAL) JUDGE Srinagar 01.07.2025 “SAKEENA-PS”