S. No. 01 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(8246/2024) IN OWP 1392/2014, CM(2042/2024) MST. SAYDA AND ANOTHER …Petitioner(s)/Appellant(s) Through: Mr. Raja Rathore, Advocate Vs STATE OF JAMMU AND KASHMIR AND OTHERS ...Respondent(s) Through: Mr. Furkaan Sofi, GA CORAM: HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE ORDER 21.02.2025 1. A writ petition OWP No. 1392/2014 filed by two petitioners, who are now the applicants herein, came to be dismissed for non-prosecution in terms of an order dated 22.11.2024 for seeking restoration of which the applicants/petitioners came forward with restoration application CM No. 8246/2024 filed within time. 2. For the reasons cited in the application, the same deserves to be allowed in the interest of justice. 3. Writ petition OWP No. 1392/2014 is restored to its original number. CM No. 8246/2024, thus, disposed of. 4. Upon restoration, writ petition OWP No. 1392/2014 is taken up for disposal also given the nature of the controversy involved which should not by any stretch of imagination have engaged this court for last 10 years. 5. The respondent No. 8- Bilqees Mehraj approached the Assistant Collector (Assistant Commissioner Revenue), Pulwama with an application against the petitioner No. 2 which resulted in passing of an order dated 23.12.2013 which reads as under:- “Presented today on 19/12/2013 by Ld counsel on behalf of the applicant. Issue notice to the otherside. Meanwhile no alienation to be allowed. Instruct Tehsildar Pampore not to issue revenue extracts of the suit land till next date of hearing.” 6. Being aggrieved that the order is an ex-parte order, that too, amounting to literally putting a ban/prohibition on the alienation of the land in reference although not mentioned in the order itself, the petitioner No. 1- Sayda, being mother of petitioner No. 2- Bilal Ahmad Sheikh approached Divisional Commissioner, Kashmir with a revenue revision under J&K Land Revenue Act, Svt. 1996 which resulted in a direction getting passed in terms of an order dated 05.05.2014. 7. The Divisional Commissioner, Kashmir at his end came to direct the Assistant Collector (Assistant Commissioner Revenue), Pulwama to decide the case at the earliest on account of the interim order affecting the petitioners’ right qua the property. 8. The petitioner No. 1, in particular joined by petitioner No. 2, came to file the present writ petition on 28.08.2014 on the pretext that the two orders above referred are actually prejudicing the right and possession of the petitioner No. 1 qua her own property. 9. Given the fact that the purported dispute came to originate on an application filed before the Assistant Collector (Assistant Commissioner Revenue), Pulwama in which the respondent No. 8 named the petitioner No. 2 only as a party respondent, as such the petitioner No. 1, in her purported capacity as being the owner of the property which was meant to be affected by the direction given in said order dated 23.12.2013, was justified to feel aggrieved thereof and, therefore, the Divisional Commissioner, Kashmir ought to have put a stay on operation of the order dated 23.12.2013 and then to direct the Assistant Collector (Assistant Commissioner Revenue), Pulwama to let the petitioner No. 1 become party in the matter and then dispose of the matter on merits. 10. Accordingly, there is a scope for disposal of this writ petition on the very day of its being restored. The operation of the order dated 23.12.2013 to the extent of restraining alienation passed by Assistant Collector (Assistant Commissioner Revenue) Pulwama shall remain stayed. The petitioner No. 1 shall be entitled to seek her impleadment in the matter. In case if there is any such impleadment application pending before the Assistant Collector (Assistant Commissioner Revenue), Pulwama and then the Assistant Collector (Assistant Commissioner Revenue), Pulwama shall proceed to resume and deal with the matter for which the respondent No. 8 came to approach him. 11. The Assistant Collector (Assistant Commissioner Revenue), Pulwama to issue notice to the respondent No. 8- Bilqees Mehraj, who happened to be the applicant before him, for appearance in the case. 12. In the meantime, the petitioners to appear before the Assistant Collector (Assistant Commissioner Revenue), Pulwama on 24.03.2025 from which date onwards the proceedings shall commence before the Assistant Collector (Assistant Commissioner Revenue) Pulwama. 13. Writ petition disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 21.02.2025 AAMIR Amir Rashid Sofi I attest to the accuracy and authenticity of this document 27.02.2025 17:37