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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Bansi Lal – Appellant
Versus
State of J&K through Commissioner-cum-Secretary Revenue Department – Respondent
JUDGMENT :
WASIM SADIQ NARGAL, J.
Prayer:
01. Petitioners, through the medium of this petition, have sought the following relief:
“Issuance of an appropriate writ, direction or order of the nature of Certiorari to quash and set aside the order dated 17.10.2018, passed by the J&K Special Tribunal, Jammu in case of Revision File No. STJ/73/2018, titled ‘Gurdeep Singh and others vs. Bansi Lal and others’.”
Brief Facts:
02. The short grievance projected through the medium of the instant petition is that the order passed by the Revisional Court is bad in the eyes of law and is liable to be set aside, whereby the Revisional Authority, while allowing the said revision petition, set aside the impugned order and remanded the matter back to the Tehsildar, Kathua, for de novo enquiry with a direction to pass a fresh order after hearing the parties.
03. It is the case of the petitioners that it was not a case of remand as the order passed by the Appellate Authority was correct and the revision was not maintainable and ought to have been dismissed.
04. It is the specific case of the petitioners that the order dated 17.10.2018, which is impugned in the present petition, has been passed by respondent No
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 the Divisional Commissioner acted beyond jurisdiction in entertaining the revision application and passing the impugned orders, as the power o....
The main legal point established in the judgment is that the cancellation of a mutation must adhere to the principles of natural justice and statutory provisions, and the authority reviewing the muta....
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 judgment emphasizes the limited scope of judicial review, the application of the law of limitation with full rigour, and the importance of considering the circumstances and record in condoning de....
The rule of exhaustion of statutory remedies has been held to be a rule of policy, convenience and discretion and existence of an alternate remedy would not divest the High Court of its powers under ....
Writ petitions against mutation orders are maintainable if they violate natural justice or are issued without jurisdiction, reaffirming the need for proper procedural adherence in land revenue matter....
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