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ALI MOHAMMAD MAGREY, SANJAY DHAR
Vikas Dhar – Appellant
Versus
Financial Commissioner – Respondent
JUDGMENT
Sanjay Dhar, J. - The appellant has challenged order dated 30.09.2022 passed by the learned Writ Court in WP(C) No.1917/2020 filed by the appellant, whereby the writ petition has been disposed of by extending the following directions:
1.That respondent No.1 shall take up all the appeals/revisions together for consideration and decide the same finally within a period of two months from the date a copy of this order is served upon him.
2. If for any reason, it is not possible to dispose of all the appeals/revisions within the period aforesaid, the objection of the petitioner to the maintainability of these petitions on account of delay as also his request for vacation of stay shall be positively disposed of by the aforesaid period.
2. It appears that appellant had invoked the writ jurisdiction of this Court challenging the proceedings in the appeals and revision petitions filed by respondent No.2 before the Financial Commissioner, Revenue, J&K, Srinagar. It is pertinent to mention here that in the said proceedings, respondent No.2 had challenged mutation orders of Estate Sonwar Srinagar, in respect of land under Survey No.1100/945/802 measuring 05 kanals 01 marlas and 96 sqft.,
The court emphasized the importance of addressing the question of limitation and maintainability of proceedings before delving into the merits of the appeals/revisions.
: Mutation – When no limitation is prescribed for filing a revision petition, same must be filed within a reasonable time.
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 party cannot challenge a mutation order after losing title proceedings, emphasizing the necessity of full disclosure of prior litigation.
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.
The main legal point established in the judgment is that belated appeals without sufficient cause can be rejected, and the jurisdiction of the Tribunal in exercising revisional power is limited.
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