Back
ALI MOHAMMAD MAGREY, SANJAY DHAR
Ghulam Mohammad Shah – Appellant
Versus
Ghulam Qadir Rather – Respondent
Judgment :
Sanjay Dhar, J.
The appellant has challenged judgment/order dated 27.09.2018 passed by the learned Writ Court in OWP No.27/2015 titled “Gh. Qadir Rather and another vs. Financial Commissioner, Revenue, & others”, whereby the writ petition filed by respondents No.1 and 2 has been allowed.
2. It appears that respondents No.1 and 2 (hereinafter referred to as the writ petitioners) had filed a writ petition before the learned Single Judge challenging order dated 31.12.2014 passed by respondent No.3 herein whereby orders passed on mutation Nos.383 and 608 of Estate Lalpora Tehsil Baramulla were set aside and the case was remanded back to the Tehsildar concerned for passing fresh orders in accordance with Muslim Personal Law.
3. The case of the writ petitioners before the Writ Court was that their mother, Mst. Zaina, was married as a Khana Nisheen Dukhter during the life time of her father, namely, Samad. It was averred that immediately after the death of Samad, mutation No.608 with regard to land measuring 11 marlas falling under Khasra No.2059 was attested in the name of Mst. Zaina in the year 1945. Similarly, mutation No.383 of the year 1948 with regard to land measuring 8 k
: Mutation – When no limitation is prescribed for filing a revision petition, same must be filed within a reasonable time.
The judgment emphasizes the importance of specific findings on the plea of limitation and the requirement for sufficient cause for seeking condonation of delay in revision petitions under the Land Re....
The main legal point established in the judgment is that the exercise of revisional jurisdiction must be within a reasonable time, and that mutation does not confer title to the property.
Delay/Laches/Limitation - Mutation entry - Where no limitation is prescribed for invoking the revisional power that will not permit the authorities to exercise the power arbitrarily with inordinate d....
Mutation proceedings - There is no finding recorded either by Appellate Court or by Revisional Court as to who was in actual possession of property in question and therefore liable to pay revenue to ....
The importance of filing a revision petition within a reasonable time and the clarification that attestation of mutation in revenue record does not confer any title on the party.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
The court emphasized the importance of addressing the question of limitation and maintainability of proceedings before delving into the merits of the appeals/revisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
