Jammu & Kashmir High Court - Srinagar Bench
Abdul Khaliq Lone And Ors vs Union Territory Of J And K And Ors on 8 May, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 5 2021:JKLHC-SGR:8557-DB
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA 331/2019 in [OWP 722/2015] CM (6366/2022) CM (7698/2019)
ABDUL KHALIQ LONE AND ORS. ...Petitioner/Appellant(s)
(SENIOR CITIZEN)
Through: Mr. M.M. Dar, Advocate.
Vs.
UNION TERRITORY OF J AND K AND ORS. ...Respondent(s)
(REVENUE DEPARTMENT)
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDE R
08.05.2025
This intra-court appeal by the appellants arises out of an order and judgment
dated 11.12.2017 passed by the learned Single Judge of this Court ("writ court") in
OWP No. 722/2015 titled Abdul Khaliq Lone and Ors. vs State of J&K and Ors,
whereby the writ court has dismissed a writ petition filed by the appellants throwing
challenge to an order dated 16th June, 2014 passed by the Joint Financial
Commissioner.
Briefly stated the facts leading to the filing of this appeal are that one Ismail
Lone was owner of some landed properties situated at Kursho Padshahi Bagh,
Srinagar. The dispute between the parties arose after the death of their common
ancestor namely Mr. Ismail Lone who was survived by one son namely Mr. Sidiq
Lone and two daughters i.e., respondent no. 5, Mst. Halima and mother of appellants
2 to 6. At the time of death of Ismail Lone, the son Sidiq Lone had attained majority
whereas Mst. Halima and late Mst. Zooni were still minors. Mst. Zooni after
attaining majority approached the revenue authorities for recording her as major in
st
revenue records. The Tehsildar concerned vide mutation No. 1154 dated 31
2021:JKLHC-SGR:8557-DB
December, 1996 recorded Mst. Zooni as khana nisheen daughter of deceased Ismail
Lone after changing her minority status into majority. On the same day, the Tehsildar
attested mutation of succession vide mutation No. 1155.
Feeling aggrieved by both these mutations, the respondent No. 5 i.e., Mst.
Halima filed a revision petition before the Joint Financial Commissioner, J&K,
Srinagar (JFC). The revision petition was delayed by more than 44 years, but having
regard to the manner in which the mutation had been attested at the back of the
respondent No. 5, the Joint Financial Commissioner ignored the delay and
considered the revision petition on merits.
Having found that the mutation had not been attested by following the
procedure laid down in Standing Order 23A and also that Parti Sarkar of the
mutations was missing from the records, allowed the revision petition and set aside
both the mutations. Both the petitions were remanded to the Tehsildar, Srinagar for
conducting de-novo enquiry and passing fresh orders strictly under Muslim Personal
Law vide order dated 16th June, 2014 passed by the Joint Financial Commissioner
after hearing the parties. This order of Joint Financial Commissioner dated 16th June,
2014 was assailed by the appellants before the writ court in OWP No. 722/2015. The
writ court having found no legal infirmity in the order passed by the Joint Financial
Commissioner, dismissed that petition.
The Order of the Joint Financial Commissioner remanding the case back to
the Tehsildar (South) for conducting de-novo enquiry and passing fresh orders was
thus upheld.
Feeling aggrieved and dissatisfied by the order of the writ court, the appellants
have appeared before the Division Bench.
Having heard learned counsel for the parties and perused their record, we 2021:JKLHC-SGR:8557-DB
are
of the considered opinion that the judgment passed by the writ court is legally perfect
and does not call for any interference from us in this appeal.
Admittedly at the time of death of Mr. Ismail Lone, the mother of appellants
2 to 6 i.e., Mst. Zooni was minor and therefore could not have been declared khana-
nisheen by her father particularly when she was unmarried. That apart, it is also
evident that Tehsildar concerned who was approached by Mst. Zooni for changing
her status in the record from minor to major attested the requisite mutation changing
her status on 31st December, 1996 in terms of mutation No. 1154. Not only was Mst.
Zooni entered as major in the record but she was also recorded as khana-nisheen of
deceased Ismail Lone without conducting any enquiry and without providing any
opportunity of being heard to the other legal heirs of deceased Ismail Lone. It is also
interesting to note that on the same date, another mutation bearing Mutation No.
1155 was also attested and the estate of Ismail Lone was devolved on Mst. Zooni
treating her as khana-nisheen daughter. This obviously was not in the interest of the
other legal heirs and, therefore, mutation could not have been attested without
providing opportunity of hearing to all the legal heirs of Ismail Lone.
For those reasons and the reasons given by Joint Financial Commissioner, we
find no legal infirmity in the judgment passed by the writ court. Even otherwise,
neither the Joint Financial Commissioner nor the writ court has determined the rights
of the parties, the matter has been remanded to the Tehsildar concerned for de-novo
enquiry and passing appropriate orders in accordance with law.
It has also been brought to our notice by the learned counsel for the petitioner
that in compliance to the judgment passed by the writ court, the Tehsildar has
attested fresh mutations which are now the subject matter of the challenge before the
appellate forums.
For the reasons, we do not find any merit in this appeal, the same is dismissed.
2021:JKLHC-SGR:8557-DB
We however make it clear that the petitioner shall be at liberty to pursue his
remedy before any other forum(s)/revenue court(s) or before the Supreme Court.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE JUDGE
SRINAGAR:
08.05.2025
"SHAHID"
