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WASIM SADIQ NARGAL
Mohammad Yousuf Lone – Appellant
Versus
Joint Agrarian Reforms Commissioner – Respondent
JUDGMENT :
1. The instant Writ Petition has been filed under Article 227 of the Constitution of India seeking appropriate order or direction to the extent of writ of certiorari for quashing and setting aside the order dated 02.12.2021 passed by respondent No.1-Additional Deputy Commissioner Kulgam with the powers of Joint Agrarian Reforms Commissioner under J&K Agrarian Reforms Act, 1976 in appeal titled Abdul Gani Malik Vs. Mohammad Yousuf Lone & Ors., by virtue of which mutation order Nos. 1129 (under Section 4) and 1157 (under Section 8) dated 19.09.1999 of village Nagam Tehsil D.H.Pora District Kulgam with respect of land measuring 4 kanals 15 marlas falling under Survey No. 558 min were set aside and respondent No.2 was directed to attest fresh mutations. Besides the petitioner seeks writ of Mandamus commanding respondent No.2-Tehsilder, D.H.Pora, District Kulgam to correct the records on the basis of the report submitted by him to respondent No.1 vide No. TDHP/OQ/2021-22/101 dated 16.06.2021 and restrain the respondents from dispossessing the petitioner from the land measuring 4 kanals 15 marlas falling under Survey No. 558 min situated at Nagam Tehsil D.H.Pora District Kulgam
The court's decision emphasized the importance of upholding orders based on reports submitted by relevant authorities and the limited scope of interference under Article 227 of the Constitution of In....
The power under Article 227 should be exercised sparingly and only in cases of grave dereliction of duty or miscarriage of justice.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
The High Court under Article 227 should exercise supervisory powers cautiously, not substituting lower court decisions unless grave injustice is demonstrated.
The High Court's supervisory jurisdiction under Article 227 is exercised sparingly, primarily to prevent miscarriage of justice.
The Court's decision emphasized the limited scope of interference under Article 227 of the Constitution of India and the need for a thorough consideration of the merits of the case by the appellate a....
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.
Order passed under Order 39 Rules 1 and 2 of CPC, is an interim order and it is not required to mention about each and every document produced on record.
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
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