RADHA KRISHEN KOUL, AGED 85 YEARS S/OTARACHAND KOUL vs UNION TERRITORY OF JAMMU AND KASHMIR, THROUGH COMMISSIONER CUM SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, CIVIL SECRETARIAT JAMMU/SRINAGAR

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2025 Supreme(Online)(J&K) 1443

HIGH COURT OF JAMMU AND KASHMIR
WASIM SADIQ NARGAL, J
RADHA KRISHEN KOUL, AGED 85 YEARS S/OTARACHAND KOUL – Appellant
Versus
UNION TERRITORY OF JAMMU AND KASHMIR, THROUGH COMMISSIONER CUM SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, CIVIL SECRETARIAT JAMMU/SRINAGAR – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Aijaz Ahmad Chisti
For the Respondents: Mr. Ilyas Nazir Laway

Table of Content
1. claim for proprietary rights under challenged orders. (Para 2 , 4 , 5 , 8)
2. respondent objections to petitioners' claims. (Para 11 , 12 , 13)
3. court's observations on proprietary rights' legality. (Para 24 , 25)
4. misrepresentation affects right to remedy. (Para 26 , 27)
5. final outcome and costs related observations. (Para 28)

JUDGMENT

I. INTRODUCTION

1) In view of the identical issues involved in these writ petitions, both were heard together and are being disposed of by this common judgment.

II. BRIEF FACTS OF WP(C) No. 202/2021

2) The petitioners have filed the instant petition under Article 226 of the Constitution of India , seeking the following reliefs which are reproduced as under:

(i) A writ of certiorari for quashing order No. Rev/NDK/81/69-II dated 19.09.2005 to the extent it accords proprietorship only over 3 marlas and 269 sq. ft. of land on paymentofRs.80.00lakhsperkanal;

(ii) A writ of mandamus directing the respondents to accord similar treatment as given to other leaseholders under Government Order No. Rev/NDK/248 of 1981 dated

17.08.1981;and (iii) A direction to produce records regarding grant of proprietary rights to similarly situated persons in t

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2025 Supreme(Online)(J&K) 1443

HIGH COURT OF JAMMU AND KASHMIRWASIM SADIQ NARGAL, JRADHA KRISHEN KOUL, AGED 85 YEARS S/OTARACHAND KOUL – AppellantVersusUNION TERRITORY OF JAMMU AND KASHMIR, THROUGH COMMISSIONER CUM SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, CIVIL SECRETARIAT JAMMU/SRINAGAR – Respondent

Cases Referred (2)

HIGH COURT OF JAMMU AND KASHMIR
WASIM SADIQ NARGAL, J
RADHA KRISHEN KOUL, AGED 85 YEARS S/OTARACHAND KOUL – Appellant
Versus
UNION TERRITORY OF JAMMU AND KASHMIR, THROUGH COMMISSIONER CUM SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, CIVIL SECRETARIAT JAMMU/SRINAGAR – Respondent