HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

LPA No.84/2023 c/w

WP(C) No.1072/2023

Reserved on: 22.05.2023

Pronounced on:13.06.2023

Ghulam Mohi-ud-Din Waza and others

…Appellants.

Through:

Mr. T. A. Lone, Advocate.

Vs.

Union Territory of J&K and others.

….Respondents.

Through:

Mr. Bakht Parvaiz, Advocate.

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

J U D G M E N T

(N. Kotiswar Singh, CJ)

1.

The present appeal has been preferred against the order

dated 08.05.2023 passed by the Ld. Single Judge in WPC No.

1072 of 2023, by which the Ld. Single Judge dismissed the

challenge put to the order passed by the Joint Financial

Commissioner (Revenue), J&K, Srinagar, with the powers of

Financial Commissioner (Revenue), vide order dated 20.03.2023

setting aside the finding of the fact returned by the Divisional

Commissioner on merits and remanding the matter to the Sub

Divisional Magistrate, Pattan for considering and disposing the

appeal on merits, though the condonation of delay was not

interfered with.

2.

Brief facts of the case as may be relevant for consideration

of this appeal may be stated as follows.

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3.

The present private respondents filed an appeal before the

Collector (SDM),Pattan on 31.10.2019 against an order dated

30.08.2005of mutation in favour of the appellants by way of

inheritance attested by the Naib Tehsildar, Pattan. Since the said

appeal was belated by about 14 years, an application for

condonation of delay was also filed which was allowed by the

SDM, Pattan after hearing both the contesting parties vide order

dated 12.09.2020.

4.

Being aggrieved by the aforesaid order dated 12.09.2020

passed by the Collector/SDM, Pattan, condoning the delay, the

present appellants challenged the same before the Divisional

Commissioner, Kashmir at Srinagar. However, the Divisional

Commissioner, Kashmir not only upheld the order of the

Collector/SDM (Pattan) but also decided the appeal on merits vide

his order dated 18.10.2021.

5.

The said order passed by the Divisional Commissioner,

Kashmir was put to challenge by the appellants before the Joint

Financial Commissioner (Revenue) with the powers of Financial

Commissioner (Revenue) by way of a review petition in terms of

Section 15 of the Land Revenue Act. The Joint Financial

Commissioner on review agreed with the contention of the

appellants that the matter could not have been decided on merits

by the Divisional Commissioner, Kashmir, Srinagar, however,

declined to interfere with the concurrent finding of fact of the two

fora below regarding condonation of delay, vide order dated

23.03.2023 passed by the Joint Financial Commissioner

(Revenue).

6.

Being aggrieved by the aforesaid order dated 23.03.2023

passed by the Joint Financial Commissioner (Revenue), the

appellants preferred the writ petition before this court which was

registered as WP(C) No. 1072 of 2023.

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7.

The Ld. Single Judge after hearing the parties and on

perusal of the materials on record was of the view that the

concurrent finding of fact recorded by the three fora, that is, the

Collector/SDM, Pattan, Divisional Commissioner, Kashmir,

Srinagar and Joint Financial Commissioner (Revenue), regarding

condonation of delay does not require to be interfered with in

exercise of the power of extraordinary writ jurisdiction.

The Ld. Single Judge also observed that it was aware that

the revenue courts below had condoned the delay of 14 years,

however, the fact remains that the mutation of inheritance which

was attested by the revenue officer in favour of the appellants was

done to the exclusion of their sisters, the present private

respondents, behind their back.

8.

The Ld. Single Judge observed that in terms of the

impugned mutation order dated 30.08.2005 attested by the Naib

Tehsildar, Pattan, the present private respondents who wer