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2025 DAILYLAW 8153 (JK)

ALTAF AHMAD BHAT v. UNION TERRITORY OF J AND K AND ORS. (REVENUE)

CM(M)/265/2025 · 2025-07-15

Sanjay Dhar

body2025

Judgment text

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86 Supplementary HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 265/2025 CM No. 4193/2025 Altaf Ahmad Bhat ….. Petitioner (s) Through: Mr. Aftab Ahmad, Adv. V/s Union Territory of J&K and Ors. ….. Respondent(s) Through: . Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 15.07.2025 1. Through the medium of present petition, the petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution seeking correction of order dated 27.04.2024 passed by the trial court to the extent of observations made in para 38 of the said order wherein it has been recorded that Agreement to sell has not been denied by the petitioner herein, which according to the petitioner is not factually correct. 2. If the contention of the petitioner is correct, then it is a case of error apparent on the face of record which can be corrected by P a g e | 2 CM(M) No. 265/2025 CM No. 4193/2025 the trial court by exercising its jurisdiction of review. It is not open to the petitioner to invoke supervisory jurisdiction of this Court under Article 227 of the Constitution for correction of aforesaid observations made by the learned trial court. The jurisdiction of this Court under Article 227 of the Constitution can be invoked only in cases where the order of inferior court has resulted in manifest failure of justice. It cannot be used in a routine manner particularly when a litigant has an alternative efficacious remedy available to him 3. In view of the above, the petition is disposed of with a liberty to the petitioner to approach the learned trial court with an application for review for correction of the aforesaid observation made in order dated 27.04.2024. If and when such an application is made by the petitioner, the same shall be dealt with by the trial court in accordance with law. It is expected that the learned trial court would take a lenient view while considering the application for condonation of delay in filing the review petition and decide the proposed review petition on its merits. (Sanjay Dhar) Judge SRINAGAR 15.07.2025 Aasif