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Regular List

Serial No. 10

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

OWP No. 1637/2018

Rattan Singh & Ors.

…..Petitioner(s)

Through: Mr. Shariq Mehmood, Advocate.

Vs

State of J&K & Anr.

.….Respondent(s)

Through: Ms. Nazia Fazal, Advocate vice

Mrs. Monika Kohli, Sr. AAG

Mr. D. K. Khajuria, Advocate.

CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(26.12.2025)

1. Mr. Shariq Mehmood, Advocate appearing for the petitioners

submits that the needful as directed to be done in terms of order dated

26.11.2025 with respect to summoning of the record of the file No.

548/P-70 which was to be requisitioned from Additional Deputy

Commissioner with powers of Commissioner Agrarian Reforms, Poonch

has not been done.

2. The direction for production of the aforesaid record was made

when this Court after having examined the J&K Special Tribunal file

record on file No. STJ/293/2000 came to find that no such record

accompanied the J&K Special Tribunal’s file so received.

3. Notice addressed to the office of the Additional Deputy

Commissioner, Poonch by the Assistant Registrar, High Court of J&K

& Ladakh, Jammu has been responded to with a communication No.

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OWP No. 1637/2018

ADCP/AS/78 dated 08.12.2025 wherein the Additional Deputy

Commissioner (Commissioner Agrarian Reforms), Poonch is reporting

that the requisite record is not available in the office and that perhaps

said case file was not received back from the J&K Special Tribunal.

4. This is a contrary position vis-à-vis the observation of the J&K

Special Tribunal in its impugned order dated 12.07.2018 wherein it is

expressly stated that records of the court below be returned alongwith

copy of this order.

5. Missing of a case file is not a routine matter to be taken so

casually as has been done by the Additional Deputy Commissioner,

Poonch as if he was simply to indulge in a formality of apprising this

Court that the file is not available without bearing a corresponding

botheration to go for searching of said file.

6. From the tone and tenor of the communication No. ADCP/AS/78

dated 08.12.2025 of the Additional Deputy Commissioner with powers

of Commissioner Agrarian Reforms, Poonch, it is apparently made out

that he is least concerned and interested even to make requisite

enquiries from the J&K Special Tribunal about the non-traceability of

the requisite file.

7. In the aforesaid facts and circumstances of the case, this Court

is constrained to direct personal appearance of the Additional Deputy

Commissioner with powers of Commissioner Agrarian Reforms, Poonch

and also of the Deputy Registrar, J&K Special Tribunal, Jammu to

explain the position to this Court as to how come a file can go missing

without any accountability from the respective end.

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OWP No. 1637/2018

8. If the record file of the case was sent back from the J&K Special

Tribunal, Jammu to the Additional Deputy Commissioner (with powers

of Commissioner Agrarian Reforms) Poonch, then the same must have

been received against a written acknowledgment so as to relieve J&K

Special Tribunal, Jammu from its responsibility.

9. If the record was not so received from J&K Special Tribunal,

Jammu despite the direction in an order dated 12.07.2018, then

whether the copy of the order dated 12.07.2018 of the J&K Special

Tribunal, Jammu was received in the office of the Additional Deputy

Commissioner with powers of Commissioner Agrarian Reforms, Poonch

in case titled “Bhagat Singh & Ors. Vs. Hardev Singh and Ors.

wherefrom it was self evident that file also stands directed to be sent

back.

10. A copy of this order be provided to Ms. Nazia Fazal, Advocate

Assisting Counsel to Mrs. Monika Kohli, learned AAG for compliance at

the end of the Additional Deputy Commissioner (with powers of

Commissioner Agrarian Reforms) Poonch and the Deputy Registrar,

J&K Special Tribunal, Jammu.

11. Registrar Judicial, Jammu to issue notice to the Deputy

Registrar, J&K Special Tribunal, Jammu to come in appearance for the

requisite purpose.

12. List on 02.02.2026.

(RAHUL BHARTI)

JUDGE

JAMMU

26.12.2025

Sh