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2025 DAILYLAW 8359 (JK)

ABDUL RASHEED MIR AND ORS v. MST ABIDA

WP(C)/1747/2025 · 2025-07-28

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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Serial No.07 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1747/2025 CM(4564/2025) Caveat 1688/2025 Abdul Rasheed Mir And Ors. …Petitioner(s) Through: Mr. Tawheed Ahmad, Advocate. Vs. Mst. Abida. ...Respondent(s) Through: Mr. Yaqoob Hussain Sofi, Advocate. CORAM: Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge. ORDER 28.07.2025 01. The petitioners through the medium of the instant petition have called in question the order dated 27th June, 2025 passed by the Financial Commissioner (Revenue), while exercising powers as Revisional Authority under Section 15 of the Land Revenue Act against the order dated 2nd September, 2024 passed by the Divisional Commissioner, Kashmir, along with order dated 17th May, 2023 passed by the SDM Gulmarg/Tangmarg. 02. From a bare perusal of the order impugned, it is apparent that the revision petition preferred by the respondent has been accepted and the orders dated 2nd September, 2024 and 17th May, 2023 passed by the Divisional Commissioner, Kashmir and SDM Gulmarg/ Tangmarg, respectively have been set aside along with Mutation No. 1165 of estate Wussan Bangil and the matter has been remanded to the Tehsildar concerned for attestation of fresh mutation, as per the law applicable, at the time of death of estate holder and the parties were directed to appear before the Tehsildar concerned on 10th July, 2025. 03. The petitioners instead of approaching the concerned Tehsildar, where the matter has been remanded, have filed the instant writ petition, which is premature, as the order impugned is by way of remand only. 04. When confronted with the maintainability of the instant writ petition, the learned counsel for the petitioners seeks withdrawal of the same, with liberty to approach the Tehsildar concerned, where the matter has been remanded for attestation of fresh mutation. His statement is taken on record. 05. In view of the above, the instant writ petition is dismissed as withdrawn with liberty as prayed for. However, it is made clear that Tehsildar concerned shall attest fresh mutation strictly in the conformity with applicable law, after affording an opportunity of being heard to the petitioners as well as the other stake holders. (Wasim Sadiq Nargal) Judge SRINAGAR: 28.07.2025 “HAMID”