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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI
Ghulam Mohammad Beigh – Appellant
Versus
Union Territory Of J&K – Respondent
ORDER :
JAVED IQBAL WANI, J.
Facts;
1. Ownership of land measuring 04 kanals falling under Survey No.395 min in Estate Sonamarg, Tehsil Kangan, District Ganderbal, passed unto the petitioner herein pursuant to the attestation of mutation No.602 dated 05.09.1986 and mutation No.605 dated 02.12.1986 respectively, attested by respondent 10 herein, under Sections 4 and 8 of the Jammu and Kashmir Agrarian Reforms Act 1976 (for short ‘the Act of 1976) and feeling aggrieved of the said mutations, private respondents 3 to 9 herein claiming to be the successors of the original owners of the said land namely Abdul Ahad Raina, Ghulam Mohi-ud-din Raina and Ghulam Mohammad Raina, preferred an appeal before Joint Agrarian Reforms Commissioner respondent 2 herein, on 03.01.2022, accompanied with an application for condonation of delay seeking condonation of delay in preferring the said appeal, wherein the said condonation of delay application came to be allowed on 15.12.2022 by the respondent 2, aggrieved of the which order dated 15.12.2022, the petitioner herein preferred WP(C) No.05/2023 before this Court, which WP(C) however, came to be withdrawn on 20.01.2023 owing to the disposal of the main ap
The court upheld the dismissal of a writ petition challenging a mutation due to the petitioner's failure to justify a delay of over 39 years in filing an appeal, emphasizing the importance of timely ....
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while ensuring timely legal action.
The court emphasized that the approach to condonation of delay should be liberal and justice-oriented, focusing on the explanation provided rather than the mere length of delay.
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while also requiring satisfactory explanations for excessive delays.
Failure to record reasons for condoning inordinate unexplained delay violates natural justice; constitutes jurisdictional error warranting writ interference under Article 226 despite alternate remedy....
Limitation - Condonation of delay - Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when statute so prescribe and Courts have no power to extend p....
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