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2024 Supreme(J&K) 99

WASIM SADIQ NARGAL, N. KOTISWAR SINGH
Sukhdev Singh – Appellant
Versus
Union Territory of J&K through Commissioner Secretary Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. G.S. Thakur, Advocate.
For the Respondent: Mrs. Monika Kohli, Sr. AAG.

JUDGMENT :

Wasim Sadiq Nargal, J.

1. This Letters Patent Appeal has been filed by the appellants against the judgment dated 19.02.2024 passed in WP(C) No. 314/2024 titled, “Sukhdev Singh & Anr. Vs. UT of J&K and Ors whereby the learned Writ Court has dismissed the writ petition of the appellant/petitioner.

2. The appellants-petitioners filed WP(C) No. 314/2024 challenging the order passed by Respondent No. 2 vide order No. DCJ/Rdr/2023-24/360-63 Dated 03.02.2024 by virtue of which the mutation No. 42 dated 03.10.2005 has been set-aside.

3. The order so passed by the Respondent No. 2 was challenged in the Writ Petition by the appellant-petitioner, broadly, on the following grounds:

    (i) The order impugned is otherwise against the law, facts and without hearing the petitioners. The petitioners were never heard by the respondent no.2 while passing the order impugned. The order impugned which is the administrative action on the part of the respondents who were not competent to cancel the mutation. Since the mutation was attested by the Naib Tehsildar, the enabling provision for attestation of the mutation is the Standing Order 23-A, instruction no. 74,which envisages that mutation of transfe

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