Inder Singh vs Achhpal Singh And Ors
2024 Latest Caselaw 62 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Inder Singh vs Achhpal Singh And Ors on 7 February, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                        S.No. 8
                                                        Reg. List
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR

                               RP 2/2023 in
                              [OWP 1512/2015]



INDER SINGH                                     ...Petitioner/Appellant(s)
                         Through: Prince Hamza, Advocate

                              V/s

ACHHPAL SINGH AND ORS.                                       ...Respondent(s)
                         Through: Mr. Mubeen Wani, Dy AG
                                  Mr. Mohammad Saleem, Advocate


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

                             ORDER

07.02.2024

During the course of hearing of this review petition, a fact came to be

divulged by the respondent nos. 1 to 4 that a fresh mutation of inheritance

No. 834 dated 23.04.2016 came to be attested by the Tehsildar Karnah

Tangdar, and, as such, the review petition loses its purpose and basis.

Learned counsel for the petitioner fairly concedes that in the face of

this development the present review petition may not survive for any

effective purpose but since the attestation of mutation No. 834 has taken

place without notice to the petitioner, and as such, during the time the petitioner remained engaged in pursuing his writ petition bearing OWP No.

1512/2015, which came to be disposed of by this Court in terms of judgment

dated 22.11.2022 against which the review has been sought, the time of

such the pendency of the writ petition as well as of this review petition shall

not be counted in limitation against the petitioner for enabling the

petitioner to avail appropriate statutory remedy available under the J&K

Land Revenue Act, Svt. 1996 to call in question the attestation of mutation

No. 834, in case if the petitioner is willing to feel prejudiced by the

attestation of the said mutation by Tehsildar Khanyar, Srinagar. The plea of

the petitioner is accepted

Review petition is accordingly disposed of.

A copy of the mutation No. 834 has been provided by the learned

counsel for the respondent nos. 1 to 4 and the same is taken on record.

Copy of this order be placed on contempt petition bearing CCP(S) No.

325/2022 for the purpose of consigning the said contempt petition to

record as well.

List the contempt petition on 19th February 2024.

(RAHUL BHARTI) JUDGE SRINAGAR 07.02.2024 "S.Nuzhat"