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2026 DAILYLAW 3248 (JK)

BEASO DEVI AND OTHERS v. UT OF J AND TH. COMMISSIONER SECRETARY REVENUE, JAMMU AND OTHERS

WP(C)/2957/2026 · 2026-09-16

Sindhu Sharma

Writ Petition (Civil)body2026

Judgment text

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Sr. No. 173 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2957/2026 Beaso Devi and others …. Petitioner/Appellant(s) Through:- Mr. Ajay Bakshi, Advocate V/s UT of J&K and others …..Respondent(s) Through:- Ms. Nisha Kangotra, Advocate vice Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 16.09.2026 1. The short contention of the petitioners in this petition is that they have moved an application on 08.08.2026 for attestation of mutation under Section 8 of Agrarian Reforms Act before respondent No. 3. The respondent No. 3 has called for a report from the field staff, but till date, no order has been passed in the application. 2. Learned counsel for the petitioners submits that under SRO 224 dated 21.07.2011 issued under Section 4 of the Jammu and Kashmir Public Services Guarantee Act, 2011, the minimum period prescribed for attestation of mutation is 30 days. 3. It is further submitted that the respondents have failed to discharge their public duty to decide the application for attestation of mutation, as such, the petitioners seek a writ of mandamus directing the respondents to discharge their statutory duty and pass an appropriate speaking order. 4. In terms of SRO 224 dated 21.07.2011, the designated officer for attestation of mutation is Tehsildar concerned and the stipulated timeframe WP(C) No. 2957/2026 for providing service is 30 days. However, the SRO also provides for first appellate authority as well as second appellate authority. In the event that the respondent No. 3 does not provide the service within 30 days, the petitioner is required to avail the remedy provided before the designated appellate authorities. 5. Admittedly, the application was moved on 08.09.2026 and instead of approaching the concerned appellate authorities, the petitioners have filed the present writ petition on 15.09.2026. This apart, the petitioners have also failed to invoke the revisional jurisdiction of the Financial Commissioner in respect of the grievance raised by them. 6. In view of the aforesaid, this writ petition is disposed of by directing the petitioners to first approach the competent appellate authority provided under SRO 224 dated 21.07.2011, who shall consider and decide the application in accordance with law. 7. Disposed of. (SINDHU SHARMA) JUDGE Jammu: 16.09.2026 Vishal Khajuria Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No