[Cites 2, Cited by 0]
Jammu & Kashmir High Court - Srinagar Bench
Mohan Lal Raina And Others vs Ut Of Jk & Ors on 3 February, 2026
Serial No. 131
Supp. Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 157/2026 CM(330/2026)
MOHAN LAL RAINA AND OTHERS ...Petitioner(s)/Appellant(s).
Through: Mr. Mudasir-bin-Hassan, Advocate
Vs.
UT OF JK & ORS ...Respondent(s).
Through:
CORAM: HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
03.02.2026
1. Heard the learned counsel for the petitioners and considered his
submissions.
2. The case of the petitioners as projected through the medium of the
instant petition in nutshell is that they are aggrieved of inaction on the
part of the official respondents, in particular the respondent No. 2, who
has slept over that the conferment of ownership rights upon them in
respect of the dwelling house/site thereunder along-with the land
appurtenant thereto, falling under Khewat No. 10 situated at Estate
Lalgam, Tehsil Tral, District Pulwama. That the subject property was
validly held by their predecessor-in-interest in terms of Section 6(1)(2) of
the Agrarian Reforms Act, 1976, and is being retained by them after their
predecessor's death, on account of which fact they qualify under law for
conferment of ownership rights viz-a-viz the said property in terms of the
provisions of Section 8(3) of the Act. That the learned Financial
Commissioner, Revenue, J&K, Srinagar, has already in his judgment
passed directions upon all the Tehsildars to complete the pending work in
terms of the Agrarian Reforms Act, subject to the fulfillment of the
conditions required for proper updation of the revenue records. That they
have also preferred an application before the learned Financial
Commissioner, Revenue, J&K, Srinagar, on the same touchstone for
conferment of ownership rights upon them viz-a-viz the subject property,
but same has been kept unattended, as no direction has been passed upon
the Tehsildar concerned to attest mutation in terms of Section 8(3) in
their favour in respect of the subject land. That the said inaction is not
only derogatory to the doctrine of stare decisis but is also likely to cause
potential prejudice to their proprietary rights as guaranteed under the
Constitution.
3. Learned counsel for the petitioners, during his submissions also
submitted that the matter can be disposed of even at this threshold stage
by passing a direction upon the respondent No. 2, i.e., the learned
Financial Commissioner, Revenue, J&K, Srinagar for proceeding on their
pending application in accordance with the provisions of the Agrarian
Reforms Act.
4. Perused the record of the instant petition. Also considered the
submissions of the learned counsel for the petitioners.
5. In the backdrop, this Court is of the opinion that as rightly submitted by
the learned counsel for the petitioners, the matter can be disposed of even
at this threshold stage by directing the respondent No. 2 to address the
pending application of the petitioners regarding conferment of ownership
rights upon them in respect of the subject property in terms of provisions
of Section 8(3) read with Section 6(1)(2) of the Agrarian Reforms Act,
and to pass appropriate orders thereon.
6. Accordingly, the instant petition is disposed of with the direction to the
respondent No. 2, i.e., the learned Financial Commissioner, Revenue,
J&K, Srinagar, to address the pending application of the petitioners for
conferment of ownership rights upon them in respect of the subject
property in terms of the provisions of Section 8 (3) read with 6(1)(2) of
the Agrarian Reforms Act and pass appropriate orders under law within a
period of six weeks, as warranted in the facts and circumstances of the
case.
7. Disposed of.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR
03.02.2026
ARIF
