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High Court of Jammu and Kashmir · body

2025 DAILYLAW 7991 (JK)

MST. MANZOORA AKHTER AND ANR. v. GHULAM RASOOL BHAT AND ORS. (REVENUE DEPARTMENT)

WP(C)/1812/2020 · 2025-03-26

Moksha Khajuria Kazmi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 93 Supplementary List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 1856/2025 in WP(C) No. 1812/2020 Mst. Manzoora Akhter and Ors. ….. Appellant/petitioner(s) Through: - Mr. M. I. Qadri, Sr. Advocate with Mr. Owais Shafi, Advocate V/S Ghulam Rasool Bhat and Ors. ….. Respondent(s) Through: - Mr. Aquib Khan, Advocate CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 04.04.2025 By this application, the applicants/petitioners are seeking modification/clarification of order dated 26.03.2025, passed in WP(C) No. 1812/2020 by this Court in so far as it directs respondent No. 9, Financial Commissioner to dispose of the pending file submitted to him by respondents No. 10-Settlmeent Commissioner (Commissioner Survey Land Records) in accordance with law. It appears that the writ petition WP(C) 1812/2020 was listed for consideration before this Court on 26.03.2025 and was disposed of, upon being taken out of turn, on the same date on the request of learned counsel for the parties. The order was primarily and solely based on the compromise arrived at between the parties and with no objection from the learned counsel for the contesting respondents. Learned counsel for the applicants-petitioners submits that the direction passed by virtue of the order dated 26.03.2025, to the Financial Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document Commissioner to dispose of the pending file in accordance with law would render the disposal of the writ petition and the compromise arrived at between the parties in respect of the inter se disputes vis-à-vis the land in question ineffective for the reason that the Financial Commissioner will again proceed in the matter in accordance with the procedure thereby keeping the dispute alive and leaving the clear scope for a de novo exercise. Although this Court does not see any scope for clarification or modification of the order dated 26.03.2025, as the disposal of a dispute on the basis of compromise between the contesting parties is no different to the disposal in accordance with law. However, since the learned counsel for the applicants-petitioners apprehend that the direction may be misconstrued the application of the applicants-petitioners is entertained. In the above background, the instant petition is disposed of with a direction to respondent No. 9-Financial Commissioner, J&K, to dispose of the pending file, which has been submitted to him by the respondent No. 10- Settlement Commissioner (Commissioner Survey Land Records) taking into account the compromise dated 13.03.2025, 09.11.2024 arrived at between the parties as placed on record and the civil decree passed by the court of Special Mobile Magistrate, Pulwama, dated 15.09.2022, coupled with the order dated 26.03.2025 of this court. This order shall form part of order dated 26.03.2025. CM disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 04.04.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document