Citation : 2026 Latest Caselaw 431 J&K
Judgement Date : 6 February, 2026
Serial No. 177
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 291/2020
1. Rakesh Choudhary .....Appellant(s)/Petitioner(s)
S/O Sh. Koula Ram
R/O 51-B/D Gandhi Nagar,
Jammu
2. M/S New R. R Enterprises
705-A, Ashok Nagar, Satwari
Through its proprietor
Rakesh Chowdhary
Through: Mr. Pranav Kohli, Sr. Adv. with
Mr. Farhan Mirza, Advocate
vs
1. Union Territory of Jammu & ..... Respondent(s)
Kashmir
Through Commissioner/Secretary
Revenue Department, Civil
Secretariat, Jammu
2. District Collector, (Deputy
Commissioner), Jammu
3. Sushma Chauhan IAS, presently
District Collector Jammu
4. Divisional Commissioner, Jammu
5. Tehsildar Bhalwal, District Jammu
6. Ms Mehak Anand
D/O late Rabinder Nath Anand
R/O H.No. 192, Sector 1 Channi
Himmat, Jammu
7. Rachita Anand
W/O Rajeev Gandotra
R/O 18-A, 2nd Extension,
Gandhi Nagar, Jammu
8. Renu Anand
W/O late Rabinder Nath Anand
R/O H. No. 192, Sector 1, Channi
Himmat, Jammu
9. Dinesh Anand
S/O late Bishamber Dass Anand
R/O 192, sector 1, Channi Himmat,
Jammu
10. Anand Bricks Pvt. Ltd.
Delight Hotel Building
Raghunath Bazar
Through its Director
Dinesh Anand
2
S/O late Bishamber Dass Nath
11. Jammu & Kashmir State Financial
Corporation, JKFC
Through its Managing Director
12. Director, Vigilance Organization
Jammu VOJ,
13. Amit Gupta
S/O Ashok Kumar Gupta
R/O 22/6 Trikuta Nagar, Jammu
Through: Ms. Nisha Kangotra, AC with
Mrs.Monika kohli, Sr. AAG for R- 1 to 5
Mr. Sunil Sethi, Sr. Adv. with
Mr. Anil Khajuria, Advocate
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(06.02.2026)
1. Petitioners, through medium of this petition, have prayed for following reliefs:
(i) Directing the respondent no.1 to produce and place, before &
for the examination of the Hon'ble Court, the entire record of
the complaint no. 62578 filed by M/S Mehak Anand R/O H. No.
12, Sector -1 Channi Himmat Jammu regarding change of title
for land measuring 54 kanals and 19 marlas owned by her
father & remanding the case thereof, alongwith all attending
notings/communication therewith;
(ii) Directing the respondent No. 4 to produce and place, before &
for the examination of the Hon'ble Court, the record of the file
with respect to communication no. 901/Div
Com/CMGS/Jammu/889-90 dated 15.01.2018 and the record
incidental and ancillary thereto;
(iii) Directing the respondent No.2 to produce and place, before &
for the examination of the Hon'ble Court, the record of the file
no. DCP/PS/2019/587-87 dated 15.10.2019 resulting in passing
of the order dated 15.10.2019 for setting aside mutation no.
142/Jeem (50 kanals 15 marlas) and 143/Jeem (8 kanals 6
marlas) village Kangrail, tehsil Bhalwal;
(iv) Holding and declaring the entire course of proceedings on the
part of the respondent Nos. 1, 4 and 2 in relation with dealing of
the complaint no. 62578 filed by the respondent No. 6 i.e MS
Mehak Anand R/O House No. 12, Sector -1 Channi Himmat
Jammu regarding change of title for land measuring 54 kanals
and 19 marlas owned by her father & remanding the case
thereof as illegal and arbitrary;
(v) Holding and declaring the course of proceedings on the part of
the respondent No. 3 acting as the respondent no.2 in relation
with dealing of the complaint no. 62578 filed by the respondent
no. 6 i.e MS Mehak Anand R/O H. No. 12, Sector 1 Channi
Himmat, Jammu regarding change of title for land measuring
54 kanals and 19 marlas owned by her father & remanding the
case thereof as illegal and arbitrary; and
(vi) Holding and declaring the Order no. DCJ/PS/2019/586-87 dated
15.10.2019 passed by the respondent No. 2 as bad & illegal, and
consequently to set aside and quash the said order No.
DCJ/PS/2019/586-87 dated 15.10.2019 read with any
action/effect thereupon and thereof to the prejudice of the
petitioner's right/title/interest in terms of mutation no. 142/Jeem
(50 kanals 15 marlas) village Kangrail, Tehsil Bhalwal;
2. Learned Senior Counsel Mr. Pranav Kohli, appearing for the petitioners
submit that private respondent Nos. 6 to 8 had filed OWP No. 528/2017,
whereby their mortgaged land was auctioned, and the petitioner, in whose
favour mutation stands attested, was a beneficiary thereof, which was
withdrawn by them on 27.12.2024, as such these respondents had raised
objections to the present petition.
3. Learned Senior Counsel Mr. Sunil Sethi, appearing for the private respondents
fairly submits that the petition be allowed, as prayed for, for the reason that
respondent Nos. 6 to 8 have withdrawn their objections to the present petition.
His statement is taken on record, in support of his contention.
4. In view of the fact and circumstances of the case and submissions made by
learned counsel for the parties, the present petition is allowed and impugned
Order no. DCJ/PS/2019/586-87 dated 15.10.2019 whereby the mutation No.
142/Jeem and 143/Jeem regarding land measuring 54 kanals 19 marlas of
village Kangrail, Tehsil Bhalwal were attested in favour of the petitioners on
change from the name of father of respondent No. 6-Mehak Anand, is set
aside viz a viz the petitioners and respondent No. 13.
5. The present petition is 'disposed of', accordingly, along with connected
application(s).
(M A CHOWDHARY) JUDGE
Jammu 06.02.2026 Amit
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