IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No: LPA No.287/2025 CM No. 7540/2025 Reserved on :25.11.2025 Pronounced on:11.12.2025 Uploaded on:11.12.2025 Whether the operative part or full Judgment is pronounced : Full

1. Sh. Banarsi Dass, age 76 years, S/O Late Shri Vishwa Nath, R/O Village Hakkal, Tehsil Jammu South, Distt.

Jammu.

2. Shri Sohan Lal Sharma, age

44 yars, S/O Late Shri Anant Ram, R/O Village Jandyal Thathri, Tehsil Bhalwal, District Jammu.

3. Shri Vijay Kumar Sharma, age 40 years, S/O Shri Anant Ram, R/O Village Jandyal Thathri, Tehsil Bhalwal, District Jammu.

…Petitioner(s)/Appellant(s)

Through: Mr. Rakesh Sharma, Advocate.

v/s

1. Financial Commissioner (Revenue) J&K Government, Srinagar.

2. Asha Nand S/O Sh Amar Nath, R/O Village Chak Banotra, Tehsil Mandal (New), District Jammu.

3. Satpal S/O Shri Amar Nath, R/O Village Chak Banotra, Tehsil Mandal (New), District Jammu.

4. Shakti Kumar S/O Shri Amar Nath, R/.O Villag Chak Banotra, Teshil Mandal (New) District Jammu.

5. Om Parkash S/O Shri Karam Chand, R/O Village Chak Banotra, Tehsil Mandal (New), District Jammu.

6. Girdhari Lal S/O Sh. Karam Chand, R/O Village Chak Banotra, Tehsil Mandal (New), District Jammu.

7. Bishan Dass S/O late Shri Karam Chand, R/O Village Chak Banotra, Tehsil Mandal (New), District Jammu.

8. Additional Commissioner (with powers of Divisional Commissioner), Jammu. …. Respondent(s)

Through: Ms. Monika Kohli, Sr. AAG for R-1 & 8 M/s S.M.Chowdhary, Bilal A Chowdhary, Arun Sangotra & Mahmood A Shaad, Advocates for R- 2 to 7.

CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.

JUDGMENT

PER OSWAL-J

1. The appellants-writ petitioners had filed the writ petition for quashing order dated 27.06.2019 passed by the Financial Commissioner (Revenue), J&K Government, Srinagar (respondent No.1) in Revision Petition titled „Shri Asha Nand and others Vs. Anant Ram and others’ whereby order dated 22.05.2017 passed by the Additional Commissioner (with powers of Divisional Commissioner,) Jammu (respondent No.8), condoning the delay in filing the Revision Petition against the Mutation No. 65 of village Chak Banotra, Tehsil Mandal, Jammu, was set aside and for restraining the respondents 2 to 7 from creating any third party interest in respect of the land measuring 340 Kanals 15 Marlas comprising various khasra numbers situated at village Chack Banotra, Tehsil Mandal, District Jammu.

2. The case projected by the appellants-writ petitioners in the writ petition was that Shri Raghu Nath and Shri Amar Nath both sons of Shri Bashi Ram, and Shri Hoshiara S/O Sh. Jagar were the co-sharers in the land measuring 340 Kanals 15 Marlas comprising various khasra numbers situated at village Chack Banotra, Tehsil Mandal, District Jammu. The respondents 2 to 4 are the sons of Sh. Amar Nath. Shri Karam Chand i.e. predecessor-in-interest of private respondents 5 to 7 was the son of Shri Raghu Nath. Shri Hoshiara had two sons, namely, Shri Daya Ram and Shri Sadhu Ram (both deceased). Shri Anant Ram was the son of Shri Sadhu Ram, who is also dead. The appellants 2 & 3 are sons of Shri Anant Ram, who was the son of Shri Sadhu Ram. Shri Vishvanath was the son of Sh. Daya Ram, who also died and was succeeded by the appellant No.1, his son. Shri Hoshiara was minor when his father, namely, Jagar died. His mother was not in a position to maintain herself and her son (Hoshiara), therefore, she took him to her parental house for shelter and maintenance where he was brought up by his maternal grandparents. This fact has been pleaded to urge that because of peculiar situation, half of the land, which fell in the share of Shri Hoshiara was being cultivated by the other co-sharers. It was further stated that in terms of Mutation No.64 estate left behind by Shri Bashi Ram was inherited by Shri Raghu Nath and Shri Amar Nath. In the aforesaid Mutation, Shri Hoshira, was reflected as owner and resident of village Galali, Tehsil Reasi. It was further pleaded that after S