Rakesh Kumar Choudhary vs Ut Of J&K & Ors
2026 Latest Caselaw 784 J&K

Jammu & Kashmir High Court

Rakesh Kumar Choudhary vs Ut Of J&K & Ors on 16 February, 2026

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                               Serial No.135



       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

Case: WP(C) No.343/2026

Rakesh Kumar Choudhary
                                                         .....Petitioner(s)

                 Through: Mr. Sunil Sethi, Sr. Advocate with
                          Mr. Tejashwar Singh Chib, Advocate

            Vs

UT of J&K & Ors.
                                                     ..... Respondent(s)         Mr.




                 Through:

Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                 ORDER

16.02.2026

1. The petitioner has challenged order dated 28.01.2026

passed by the Commissioner Agrarian Reforms

(Additional Deputy Commissioner), Jammu whereby

appeal against mutation Nos.1215/Jeem dated

15.06.2019 in respect of land measuring 47 kanals 12

marlas comprised in khasra Nos.1335 min, 1336, 1864

min, 2070, 2095, 2347, 2355, 2359 situated at village

Bhalwal attested under Section 3A of the Agrarian

Reforms Act, 1976 has been set aside.

2. Learned Senior counsel appearing for the petitioner has

submitted that the petitioner has purchased the

aforesaid land in the year 2021, however, in the appeal

against the impugned mutation, filed in the year 2026

the petitioner was never made a party, as such, he has

not even been heard before passing the impugned order.

3. It has been further submitted that after the passing of

the impugned mutation, fresh mutation in respect of the

land in question stands attested in favour of the

petitioner upon its purchased by him. Therefore, without

hearing the petitioner, the impugned order could not

have been passed on the basis of concession made by

erstwhile owners who had already sold the land in

question to the petitioner.

4. Issue notice to the respondents, subject to the

petitioner's taking necessary steps within a week's time.

5. List on 30.03.2026.

6. In the meanwhile, the impugned order passed by

respondent No.2 is stayed. It is further directed that the

respondents shall not interfere in the possession of the

petitioner over the land in question till next date of

hearing.

7. A copy of this order be furnished to learned counsel for

the petitioner under the seal and signatures of the

Bench Secretary of this Court.

(Sanjay Dhar) Judge Jammu 16.02.2026 Sneha