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Documents citing Ghulam Qadir Bhat & Ors vs Financial Commissioner (Revenue) & Ors on 24 September, 2021

Ghulam Nabi Sheikh And Ors vs State Of Jk And Ors on 17 March, 2022

10. Admittedly in the instant case, the revision petition was filed after 18 years of the attestation of the mutation. This Court is of the considered opinion that once the plea of limitation was raised by the petitioners, it was obligatory on the part of the Ld. financial Commissioner to decide the same notwithstanding the fact that the respondent No. 3 had claimed to have acquired the knowledge of the mutations in the month of June 2007. Incidentally, in the judgement mentioned above, similar plea was raised by the aggrieved party that as soon as the knowledge of mutation was acquired, the revision was filed. Interestingly in the instant case though the respondent No. 3 has specifically stated that she was not present at the time of attestation of mutation bearing No. 305 but the perusal of mutation reveals that it carries the thumb impression of Mst. Khati and the respondent No. 3 has nowhere stated in the revision petition that she did not put her thumb impression on the said mutation. This Court is of the considered opinion that once the plea of limitation was raised by the petitioners before the Ld. financial Commissioner, it was obligatory on the part of Ld. financial Commissioner to consider the said plea and return finding on the same. No delay can be condoned by implication but there must be specific finding with regard to the sufficient cause for seeking condonation of delay. The Hon'ble 7 Division Bench in case titled "Ghulam Qadir Bhat versus Financial commissioner (Revenue) & Ors" reported in 2021(5) JKJ(HC) 1, has held that the revisional powers cannot be exercised arbitrarily after an inordinate delay of the passing of the order sought to be revised and also it has been further observed as under:
Jammu & Kashmir High Court - Srinagar Bench Cites 5 - Cited by 0 - R Oswal - Full Document

Mst Jani And Others vs State Of Jk And Others on 12 August, 2022

10. The order impugned does not appear to be suffering from any ambiguity, infirmity or illegality. The mutation made in the year 1968 could not have been set- aside on the mere asking of an aggrieved party after a span of 46 years, almost five decades later, over a plea of ignorance that too when no plausible reasons were WP(C) no. 3086/2019 Page 2 of 4 putforth in support of such plea. In such circumstances, the Deputy Commissioner, Budgam, and the Financial Commissioner (Revenue)/ Commissioner Agrarian Reforms J&K, Srinagar, appear to have passed very reasoned orders which do not call for any interference. Law on the point is no more res integra. The delay caused in availing a legal remedy has to be sufficiently explained so as to convince the court that the inordinate delay was beyond the control of the party seeking such condonation. The Division Bench of this Court in case titled Ghulam Qadir Bhat and others v. Financial Commissioner (Revenue) & others, bearing LPAOW no. 33/2017 decided on 24.09.2021 has held that although there is no limitation prescribed for filing a revision, yet the same must be filed within a reasonable amount of time.
Jammu & Kashmir High Court - Srinagar Bench Cites 4 - Cited by 0 - M K Kazmi - Full Document

Lassa And Others vs Divisional Commissioner Kashmir And ... on 2 June, 2023

8. The Division Bench in Ghulam Qadir Bhat (supra) has also discussed all the facets of the matter including that mutation entries have not been recognized as document of titles of property because such mutations are simply meant for fiscal purposes to enable the Government to collect revenue inasmuch as these entries do not either create any right, title or interest in the land of any part nor do they extinguish any such right of any party and that such entries are always subject to the decree of a civil court of competent jurisdiction and therefore, whenever a long standing revenue entry is sought to be disturbed, it is always by way of a declaratory suit before the competent court.
Jammu & Kashmir High Court - Srinagar Bench Cites 9 - Cited by 0 - V C Koul - Full Document

Ghulam Ahmad Sheikh vs State Of J&K And Others on 16 June, 2023

8. In the case in hand, there is inordinate delay in preferring the revision petition against the mutation in question. The Division Bench in Ghulam Qadir Bhat (supra) has discussed all the facets of the matter including that mutation entries have not been recognized as document of titles of property because such mutations are simply meant for fiscal Page 5 OWP no.1078/2017 purposes to enable the Government to collect revenue inasmuch as these entries do not either create any right, title or interest in the land of any part nor do they extinguish any such right of any party and that such entries are always subject to the decree of a civil court of competent jurisdiction and therefore, whenever a long standing revenue entry is sought to be disturbed, it is always by way of a declaratory suit before the competent court.
Jammu & Kashmir High Court - Srinagar Bench Cites 7 - Cited by 1 - V C Koul - Full Document
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