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2025 DAILYLAW 8421 (JK)

MST. SARA v. FINANCIAL COMMISSIONER AND ORS. (REVENUE DEPARTMENT)

LPA/200/2024 · 2025-04-07

Mohd Yousuf Wani, Rajnesh Oswal

body2025

Judgment text

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17 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 4656/2024 In LPA No. 200/2024 Mst. Sara ….. Appellant (s) Through: Mr. Bilal Ahmad Malla, Adv. V/s Financial Commissioner and Ors. ….. Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Maha Majeed, Adv. Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge. Hon’ble Mr. Justice Mohd Yousuf Wani, Judge ORDER 07.04.2025 1. Despite service, none has appeared on behalf of respondent No. 3. 2. For the reasons stated in the application, the same is allowed and the delay in filing the appeal against the judgment dated 04.08.2022 passed by the learned writ court is condoned. 3. LPA No. 200/2024: 4. This intra Court appeal is directed against the order dated 04.08.20222 whereby the learned writ court has dismissed the writ petition preferred by the petitioner for assailing the order P a g e | 2 CM No. 4656/2024 In LPA No. 200/2024 dated 14.07.2022 passed by the Financial Commissioner (Revenue), Srinagar with powers of Commissioner Agrarian Reforms, J&K, Srinagar in a revision petition filed by the petitioner. 5. The record depicts that the petitioner had filed an appeal against the Mutation No. 157 dated 18.09.1975 claiming to be Khana Nisheen Daughter before the Appellate Authority on 01.07.2020 after a period of 43 years of the attestation of mutation. The appeal was dismissed by the Collector, Shopian vide order dated 06.04.2021 by holding the same as time barred. The said order was assailed by the petitioner through the medium of revision petition before the Financial Commissioner, (Revenue) Srinagar on 23.04.2022 but there too, the petitioner was not successful.The revision petition was dismissed vide order dated 14.06.2022 and the order dated 04.06.2021 was upheld.The learned writ court too has arrived at the same conclusion and has also taken note of the fact that the civil suit is pending before the civil court. 6. This Court cannot act as a Court of Appeal with regard to the satisfaction recorded by the revenue authorities by observing P a g e | 3 CM No. 4656/2024 In LPA No. 200/2024 that the appeal was time barred, duly upheld by the learned writ Court. Therefore, we do not find any reason to show indulgence in the present appeal. The appeal is misconceived and is accordingly dismissed. (Mohd Yousuf Wani) (Rajnesh Oswal) Judge Judge SRINAGAR 07.04.2025 Aasif