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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Nityanand – Appellant
Versus
Regional Director, Survey and Land Records, Udhampur & Ors. – Respondent
ORDER :
SANJAY DHAR, J.
01. The petitioner has challenged order dated 18.01.2024 passed by the Regional Director Survey and Land Records, Udhampur [(Commissioner Agrarian Reforms), for short, ‘learned Commissioner’], whereby appeal against mutation No. 1279 dated 29.09.1986 pertaining to land measuring 13 kanals and 14 marlas in Khasra No. 1070, land measuring 09 kanals and 15 marlas in Khasra No. 1523/1074, land measuring 08 marlas in Khasra No. 1525/1075, land measuring 07 kanals and 12 marlas in Khasra No. 1527/1077, land measuring 02 kanals and 13 marlas in Khasra No. 1522/1077 and land measuring 01 kanal in Khasra No. 1030/1079 situated at village Kud, Tehsil Chenani, District Udhampur, has been dismissed.
02. Heard learned counsel for the petitioner and perused record of the case.
03. It appears that mutation under Section 8 of the Agrarian Reforms Act, 1976 came to be attested in respect of the aforesaid land vide mutation order No. 1279 dated 29.09.1986 in favour of the respondent No. 3-Isher Dass S/o Sayan Chand. The said mutation order came to be challenged by the petitioner by way of an appeal filed before the court of learned Commissioner Agrarian Reforms, Udhampur which wa
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 ....
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
A formal application for condonation of delay is not necessary; oral requests sufficing with sufficient cause are valid in proceedings under the U.P. Land Revenue Act.
Failure to record reasons for condoning inordinate unexplained delay violates natural justice; constitutes jurisdictional error warranting writ interference under Article 226 despite alternate remedy....
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while ensuring timely legal action.
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