Jammu & Kashmir High Court
Hira Lal Abrol And Ors vs J & K Special Tribunal And Ors on 21 May, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 27
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 1275/2016
Hira Lal Abrol and Ors. .....Applicant(s)/Petitioner(s)
Through :- Mr. Karman S. Johal, Advocate
v/s
J & K Special Tribunal and Ors. .....Respondent(s)
Through :- Ms. Chetna Manhas, Advocate vice
Ms. Monika Kohli, Sr. AAG for R-1, 3 to
9
Mr. Ankur Sharma, Advocate for R-2
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
21.05.2025
1 By this petition, the petitioners herein have challenged order dated
20.05.2016 passed by the J&K Special Tribunal and Ors. (herein referred to as
the 'Tribunal') in file No. STJ/382/2015,whereby the application seeking
restoration of an appeal titled 'Pritam Singh vs Hira Lal and others, which was
dismissed in default on 11.03.2013, was allowed.
2 It is stated that the petitioner no. 1, along with the predecessor-in-
interest of the petitioner nos. 2 & 3, Shri Sudhir Khorana, were vested with
ownership rights over the State land under the Roshni Scheme in their capacity
as occupants. The vesting of ownership rights is in respect of a piece of land
measuring 25 kanals, categorized as an educational institution, bearing Khasra
No. 615 min, situated at Village Salmeri, Tehsil and District Samba. It is further
stated that Shri Sudhir Khorana passed away on 17.12.2013, and after his
demise, petitioner no. 2 & 3 were vested with the ownership rights, subject to
the deposit of Rs. 25,00,000/- as determined by the Committee. In this regard,
the petitioners have already deposited an amount of Rs. 18,75,000/- against
proper receipt.
3 The aforesaid order came to be challenged by Mr. Pritam Singh, the
predecessor-in-interest of respondent no. 2, on 05.06.2008, by way of an appeal.
However, the said appeal was dismissed for non prosecution on 11.03.2013.
After dismissal of the appeal on 11.03.2013, Mr. Pritam Singh passed away on
31.10.2014, and no application seeking restoration of the appeal was filed during
his lifetime. Subsequently, on 28.12.2015, the son of Mr. Pritam Singh,
respondent No.2 herein, filed an application seeking restoration of the appeal.
4 The Tribunal issued notice to petitioner no. 1 and the predecessor-
in-interest of petitioner nos. 2 and 3. Since Sh. Sudhir Khorana had already
passed away on 17.12.2013, as such notice could be served upon him. It is stated
that on 20.05.2016, the Tribunal allowed the application of respondent no. 2 on
the ground that the non-applicability of Section 5 of the Limitation Act does not
bar the Tribunal from exercising its discretion to condone the delay.
Accordingly, the case was restored to its original number.
5 The petitioners herein are aggrieved by the aforesaid order dated
20.05.2016 and have challenged the same on numerous grounds.
6 However, it is stated by the learned counsel representing
respondent no. 2 i.e. Mr. Ankur Sharma, Advocate, that in light of the judgment
dated 09.10.2020 passed by the Division Bench in PIL No. 2011 titled 'Prof.
S.K. Bhalla Vs. State of J & K and Ors.', wherein the J & K Lands (Vesting of
Ownership to Occupants) Act, 2001 (commonly known as the Roshni Act) has
been declared null and void and the mutations attested under the said Act have
been set aside, respondent No. 2 does not wish to pursue the litigation which
was restored before the Tribunal pursuant to the impugned order.
7 Mr. Ankur Sharma, learned counsel, further states that since the
mutations have already been set aside in terms of the judgment(Supra), as such
he does not want to press the appeal/revision pending before the Tribunal.
8 In view of the statement made by learned counsel for respondent
No.2, nothing survives for adjudication in the present writ petition. Accordingly,
the same is dismissed as having been rendered infructuous. However, liberty is
granted to learned counsel for the petitioners to agitate the matter afresh, if any
cause of action still survives.
(Moksha Khajuria Kazmi)
Judge
JAMMU
21.05.2025
Manik
