Jammu & Kashmir High Court
Som Raj & Anr vs Tirath Ram & Ors on 12 December, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 138
Supplementary List-1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 3512/2025
CM No. 8008/2025
Cav. No. 2682/2025
Som Raj & Anr.
.....Petitioners
Through: Mr. M.K. Bhardwaj, Sr. Advocate with
Mr. Gagan Kohli, Advocate
Vs
Tirath Ram & Ors.
.....Respondent
Through: Mr. Z.A. Mughal, Advocate for the
Caveator
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(12.12.2025)
01. A very strange case situation is coming forth to this Court through the medium of this petition and which is that a purported mutation under section 4 of the Agrarian Reforms Act, 1976 bearing No. 238 without reference to date, month and year of its attestation is made the basis for attestation of mutation No. 267 dated 15.04.1989 by the Tehsildar, Kathua under section 8 of the Agrarian Reforms Act, 1976 whereby constituting the beneficiaries who are the respondents No. 1 to 4 herein being successors-in- interest of one Chatru as the owners of the land forming 2 WP(C) No. 3512/2025 the subject matter of the said mutation No. 267 of 1989 of village Bigwan, tehsil and district Kathua.
02. The petitioners reckoning themselves to be in co-cultivating possession of said land along with the predecessors-in- interest of the respondents No. 1 to 4, preferred an appeal before the Additional Deputy Commissioner Basohli (with powers of Commissioner Agrarian Reforms Act/Collector Land Revenue Act) at Headquarter Kathua, on file No. 5108/ADCK (5109/ADCK) which has come to suffer adjudication by virtue of a final order dated 13.11.2025 in dismissal of the appeal leading the petitioners to this writ petition under article 226 of the Constitution of India finding themselves deprived of revisional remedy which otherwise used to be available under section 21(2) of the Agrarian Reforms Act, 1976 before J&K Reorganization Act, 2019 and thus, left with no other legal remedy except to come in judicial review jurisdiction under article 226 of the Constitution of India.
03. Prima-facie case made out.
04. Issue notice to the respondents in the main petition and in the CM No. 8008/2025 as well.
05. Notice on behalf of the contesting respondents No. 1 to 4 is accepted by Mr. Z. A. Mughal, learned Advocate, who is on caveat whereas notice on behalf of the official respondents 3 WP(C) No. 3512/2025 No. 5 and 6 is accepted by Ms. Nazia Fazal, learned Assisting Counsel to Mrs. Monika Kohli, learned Sr. AAG.
06. Reply to the writ petition be filed by or before the next date of hearing, along with reply to the CM No. 8008/2025.
07. List on 03.02.2026.
08. Send for the record of file No. 5108/ADCK (5109/ADCK), date of decision 13.11.2025 titled "Som Raj & Ors. Vs. Tirath Ram & Ors." from the court of Additional Deputy Commissioner Basohli (with powers of Commissioner Agrarian Reforms Act/Collector Land Revenue Act) at Headquarter Kathua.
09. On the next date of hearing, the Tehsildar Agrarian Reforms, Kathua is directed to come along 'Parat-Sarkar' record of mutation No. 238 of village Bigwan, tehsil and district Kathua related to Khasra No. 33 as well as 'Parat- Sarkar' record of mutation No. 267 of 1989 of the village Bigwan, tehsil and district Kathua.
10. In the meantime, the operation of the impugned order dated 13.11.2025 shall remain stayed. This order is, however, subject to objections from the other side.
(RAHUL BHARTI) JUDGE JAMMU 12.12.2025 SUNIL