Jammu & Kashmir High Court
Manzoor Hussain And Ors vs State Of J&K And Ors on 5 August, 2025
S. No. 05
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(C) No. 2448/2019
c/w
WP(C) No. 2765/2019
WP(C) No. 4373/2019
WP(C) No. 2883/2021 &
CCP(S) No. 38/2023
Manzoor Hussain and Ors. .....Petitioner(s)
Through: Mr. Waheed Choudhary, Advocate
Mr. H. A. Siddiqui, Advocate
Vs
State of J&K and Ors. ..... Respondent(s)
Through: Ms. Priyanka Bhat, Assisting Counsel to
Mrs. Monika Kohli, Sr. AAG
Mr. Vishal Bharti, Dy. AG
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
05.08.2025
WP(C) No. 2448/2019 c/w WP(C) No. 2765/2019 WP(C) No. 4373/2019 &
01. It has been fairly submitted by Mr. H. A. Siddiqui and Mr. Waheed
Choudhary, learned counsel appearing on behalf of the petitioners that the
issue which has been projected in the instant petition is covered by the
judgment passed by the learned Coordinate Bench of this Court in WP(C)
No. 2571/2021 decided on 07.02.2023 and also followed by other
Coordinate Benches as well.
02. It has been urged by the learned counsel for the petitioners that the
Appellate powers in the instant cases have been exercised by the Deputy
Commissioner as an Appellate Authority suo motu. According to Mr. H. A.
Siddiqui, such jurisdiction is required to be invoked by a person aggrieved
and not suo motu. He further submits that the concerned Deputy
Commissioner has passed the impugned orders while hearing an appeal
against Mutations in absence of any person being aggrieved rather the
powers have been exercised suo motu by the Deputy Commissioner and the
exercise of such suo motu powers has already been annulled by the
Coordinate Bench of this Court in case mentioned (supra) and followed by
various other benches as well.
03. Learned counsel for the petitioners have relied upon the judgment
dated 07.02.2023, passed by the Coordinate Bench of this Court, to which
respondents have no serious objection with respect to the preposition of law
laid down and disposal of the instant petition.
04. In the light of what has been discussed hereinabove and also in the
light of the law laid down by the Coordinate Bench, the orders passed by
the concerned Deputy Commissioner are bad in the eyes of law and cannot
sustain. Accordingly, the petitions are allowed and the impugned orders
which are the subject matter of the instant petition are hereby quashed. It
shall, however, remain open to the Competent Authority under the Land
Revenue Act to pass appropriate orders in respect of the subject land and
that too, after providing an opportunity of being heard to the learned
counsel for the petitioners.
05. These petitions are, accordingly, disposed of along with other
connected petitions.
06. In the light of the order passed in the main petitions which have
been allowed, the contempt petition is also disposed of.
07. Rule, if any framed, shall stand discharged.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU
05.08.2025
Riya
