HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2373/2026 CM Nos.5150/2026 & 5151/2026 Kuldeep Chand …..Petitioner(s) Through: Mr. T. R. Wani, Advocate vs Union Territory of Jammu & Kashmir and Others .…. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 31.07.2026 01. After hearing for some time, it is fairly conceded that the order under challenge has been passed by Assistant Commissioner Revenue, Jammu exercising appellate jurisdiction over orders of mutation attested by Naib Tehsildar and that such order of the appellate authority is questionable by way of Second Appeal in terms of the Agrarian Reforms Act. 02. When confronted with this aspect, learned counsel for the petitioner went on to argue that the appeal initially was laid before the Addl. Deputy Commissioner with powers of Agrarian Reforms Commissioner, however, he later on transferred it to the Assistant Collector, which order of transfer was bad. Said order of transfer was never questioned at that appropriate time. 03. Be that as it is, it is fairly conceded that the order impugned herein is the one, which is appealable before the Authority created under the Act. In that back, counsel for the petitioner submits that he seeks to withdraw the writ Serial No. 189 2 WP(C) No. 2373/2026 petition with liberty to avail equally efficacious remedy of appeal as provided under the Act. He, however, submitted that the issue of limitation should not come in his way and that he be suitably protected till exercising the right to appeal. 04. His statement is taken on record. 05. This petition is dismissed as withdrawn with liberty to the petitioner to avail equally efficacious remedy of appeal within two months from the date of passing of this order. Once the appeal is laid, the period of limitation, if any, shall stand condoned, leaving the appellate authority to decide the merits of order impugned in accordance with law. Until the appeal motion is laid before the competent authority, the parties shall maintain status quo as regards the subject matter of this writ petition. 06. Disposed of as such. (Sanjay Parihar) Judge Jammu 31.07.2026 Narinder Narinder Kumar 2026.08.03 14:49 I attest to the accuracy and integrity of this document