ABDUL RASHID AND ANOTHER v. UT OF J AND K TH. COMMISSIONER SECRETARY REVENUE DEPARTMENT, JAMMU AND OTHERS
WP(C)/1325/2026 · 2026-05-13
Mohd Yousuf Wani
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 1099 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1099 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 1325/2026 CM No. 2899/2026
1. Abdul Rashid, age 71 years S/o Late Nooran R/o Krimchi Mansar, Tehsil & District Udhampur.
2. Choudhary Chirag Din, age 81 years S/o Illam Din alias Hashim Din R/o Gujjar Colony, Bye Pass, Tehsil Bahu Fort, District Jammu. …..Petitioner(s)
Through: Mr. M Tariq Mughal, Advocate
Vs
1. UT of J&K through Commissioner/Secretary, Revenue Department, Govt of J&K,Civil Secretariat, Jammu/Srinagar.
2. District Collector, Deputy Commissioner, Udhampur
3. Tehsildar, Udhampur.
4. Naib Tehsildar, Mali, Udhampur.
.…. Respondent(s)
Through: Mr. Anuj Datta, Advocate vice Mrs. Monika Kohli, Sr. AAG
Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER(ORAL) 13.05.2026
1. Heard the learned counsel for the petitioners in respect of the matter.
2. The case of the petitioners in nutshell is that they are having some ancestral property falling under Khewat No. 51 old and Khasra Nos. 106, 107 and 108 measuring about 76 Kanals and 12 Marlas situated at village Mansar, Tehsil and District Udhampur (hereinafter referred to as ‘the subject land’).That the father of the petitioners during his life time and on 04.11.1991 filed representation to the Tehsildar Udhampur for partition of the subject land but till date no action has been taken on the said representation. That the Revenue Authorities have been sleeping over the Sr. No. 110
2 WP(C) No. 1325/2026
matter for the last more than three decades without any reason, which is not justified under law.
3. The petitioners have, accordingly, prayed for issuance of a writ/direction in the nature of mandamus for commanding the respondent No.3 to consider the representation already filed by the father of petitioner No.1 on 04.11.1991 seeking partition of the subject land. The petitioners are seeking the appropriate action in respect of a representation alleged to have been given by the father of the petitioner No.1 way back on 04.11.1991 regarding the partition of the subject land. It is not their case that they have subsequently in the recent present applied for the same before the competent Revenue Authorities.
4. Nevertheless having regard to the facts and circumstances of the case and the relief sought in this petition, this Court is of the opinion that the matter can be disposed of even at this threshold stage by passing of appropriate direction for taking action, which is otherwise the statutory obligation of the respondents. Accordingly, the instant petition is disposed of with the direction to the respondent No.3-Tehsildar Udhampur that he shall treat the instant petition of the petitioners as their representation and deal with the same in accordance with law governing the field with the submission of the status report to this Court within a period of four weeks.
5.
Disposed of.
(Mohd. Yousuf Wani) Judge Jammu 13.05.2026 Vijay
Vijay Kumar 2025.11.07 13:13 I attest to the accuracy and integrity of this document