HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No.176/2024 in OWP No. 606/2004 Pritam Singh and others …..Appellant(s) Through: Mr. Abhishek Wazir, Advocate with Mr. Sumit Moza, Advocate vs Financial Commissioner Jammu and others .…Respondent(s) Through: Ms. Priyanka Bhat, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG Mr. Surinder Singh, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER (17.09.2026) 01. Having heard learned counsel for the parties and perused the material available on record, we are of the considered opinion that the judgment passed by the Writ Court does not call for any inference by us in this appeal. The Assistant Commissioner as well as Divisional Commissioner had failed to address the controversy on merits. The order of Financial Commissioner setting aside the orders of Assistant Commissioner and Divisional Commissioner and relegating the parties to Assistant Commissioner for fresh consideration of application for partition is unexceptionable and rightly upheld by the Writ Court. 02. We, however, would like to clarify the order of the Financial Commissioner, Revenue dated 05.06.1997, which has been upheld by the Writ Court, by providing that the matter, on remand, shall be considered by the Serial No. 05 2 LPA No.176/2024 Assistant Commissioner (Collector) concerned in accordance with law. The objections taken by the appellants herein including the objection to the maintainability of the partition proceedings shall be specifically addressed and disposed of by the Assistant Commissioner before proceeding further in the matter. 03. Let the proceedings in the application for partition initiated by respondent Nos.5 to 9 be completed within a period of three months positively from the date, a copy of this order is served upon the Assistant Commissioner (Collector) concerned. 04. This appeal shall stand disposed of along with all connected application(s) in the above terms. (SHAHZAD AZEEM) (SANJEEV KUMAR) JUDGE JUDGE Jammu 17.09.2026 Sapna