Hajra vs Financial Commissioner Revenue J And
2025 Latest Caselaw 1478 J&K

Jammu & Kashmir High Court

Hajra vs Financial Commissioner Revenue J And on 21 May, 2025

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                        Sr. No.2

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

                                  (Through VC)
                                  LPA/65/2024
                                 CM/1897/2024

HAJRA                                                 ...Petitioner(s)/appellant(s)

Through:     Mr. R. K. S. Thakur, Advocate

                                      Vs.

FINANCIAL COMMISSIONER REVENUE J AND                            ...Respondent(s)
K GOVT JAMMU AND OTHERS

Through:     Ms. Monika Kohli, Sr. AAG
             Mr. A. G. Sheikh, Advocate R. 4 to 11.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                  ORDER

21-05-2025

1. Learned counsel for the appellant submits that the dispute at hand is with respect to the estate of Azizi who was succeeded by her two daughters i.e., Hajra (appellant) and Musra (predecessor-in-interest of respondents No. 4 to 11).

2. He submits that the present lis arises out of mutation No. 1645 dated 10.05.1985, which was sanctioned in favour of Hajra and was later set aside by the Divisional Commissioner on 06.12.2017, which order was affirmed by the Financial Commissioner vide order dated 16.01.2019.

3. And the present appeal arises out of an order and judgment dated 07.02.2024, vide which the writ petition preferred by the appellant against the orders, referred to above, has since been dismissed.

4. However, having argued the matter at length, learned counsel for the appellant submits that the dispute, as indicated above, is regarding the inheritance to the estate of Azizi. The execution and veracity of the will that is being propounded by the appellant, whereby late Azizi had bequeathed her entire estate in favour of Hajra (appellant), is also in issue. Similarly, the questions as regards the rights of a Khana Nisheen daughter are also required to be determined. Thus, in the given circumstances, it would rather be expedient if the appellant approach the civil court under the General Common Law and seek a declaration and injunction regarding her rights/claim/interest. Particularly for the orders passed by the revenue authorities are not per se binding on the civil court

5. In the wake of the above, and as prayed by the learned counsel for the appellant, the appeal is dismissed as withdrawn with liberty to avail such remedies as shall be admissible in law.

                  (RAJNESH OSWAL)                         (ARUN PALLI)
                         JUDGE                           CHIEF JUSTICE

 SRINAGAR
 21-05-2025
 Hilal