Taja Begum v. Union Territory of J and K and Ohers (Revenue)

Serial No. 241 Suppl. Cause List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

WP(C) 830/2026 CM(2138/2026) Caveat 831/2026

Mst. Taja Begum Age: 78 years. W/O Late Ghulam Hassan Magray. R/O Mohalla Sadak, Janglat Mandi, Tehsil & District Anantnag, J&K. ...Appellant(s)/Petitioner(s)

Through: - Mr. Mohammad Ibrahim Mehraj, Advocate.

V/s

¶1Union Territory of Jammu and Kashmir through Secretary to Government, Revenue Department, Civil Secretarit, Srinagar-190010.

¶2Financial Commissioner (Revenue)

DC Office, Tankipora, Srinagar 190001.

¶3Divisonal Commissioner, Kashmir

Srinagar, J&K-DC Office, Tankipora, Srinagar-190001.

¶4Deputy Commissioner, Anantnag

Distrioct Anantnag, J&K-DC Office Anantnag Mehman

Mohalla, Anantnag, Jammu and Kashmir 192101.

¶5Tehsildar, Anantnag District Anantnag, J&K-DC Office Anantnag Mehman Mohalla, Anantnag, Jammu and Kashmir 192101.

¶6Naib Tehsildar, Tehsil and District Anantnag, J&K-DC Office Anantnag

Mehman Mohalla, Anantnag, Jammu and Kashmir 192101.

¶7Bal Krishen Koul

S/O Late Dina Nath Koul

R/O House No. 115 Lane No. 2 Om Vihar Talabtillo.

Camp Road Jammu.

¶8Smt. Champa Devi

D/O Late Dina Nath

W/O Pushkar Nath Saproo

R/O Vinayak Nagar, Muthi, Jammu.

¶9Rajesh Kaul S/O Late Piarylal Koul R/O Amar Colony Gole, Gujral, Jammu.

¶10Ritesh Koul S/O Late Piarylal Koul R/O Amar Colony Gole, Gujral, Jammu.

¶11Ramesh Koul S/O Late Avtar Krishan Koul

R/O Nayak Vihar, Muthi Jammu

¶12Rick Koul

S/O Late Avtar Krishan Koul

R/O Nayak Vihar, Muthi Jammu

¶13Smt. Bitta Koul

W/O Late Avtar Krishen Koul

R/O Nnank Vihar, Muthi Jammu.

… Respondent(s) Through:- Mr. Lone Altaf, Advocate for Caveator/Respondent No. 7.

CORAM:

HON'BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER)

22.04.2026

Caveat No. 831/2026:-

¶01With the appearance of Mr. Lone Altaf, learned counsel for caveator/respondent No.7, the caveat stands discharged. WP(C) No. 830/2026:-

¶02Petitioner, through the medium of this petition, seeks setting aside of Order dated 23rd of March, 2026, passed by the learned Financial Commissioner Revenue, J&K, whereby an appeal filed by the petitioner under Section 7 of 'The Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997' has been dismissed, and quashment of eviction notice dated 15th of December, 2025 and consequential actions thereof, including forcible dispossession of the petitioner from the property in question.

¶03At the very outset, the learned counsel for the caveator/Respondent No. 7, stated that the petitioner has only filed the appeal against the order passed in appeal and the notice of

eviction and has not challenged the basic order dated 15th of December, 2025, passed by Tehsildar, Anantnag and subsequent orders following thereafter.

¶04Learned counsel for the petitioner fairly accepted this plea raised by the learned counsel for the Caveator/respondent No. 7 and submits that despite applying for seeking the copy of the basic order, and also invoking the Right to Information Act (RTI) provisions, the petitioner was not provided the copy of the basic order, as such, he had come to this Court through the medium of this writ petition.

¶05Be that as it may, the documents produced by the learned counsel for the caveator/respondent No. 7 are taken on record and copies thereof are ordered to be supplied to the learned counsel for the petitioner to avail the legal remedy available to him.

¶06This writ petition, is thus, disposed of at this motion stage with liberty to the petitioner to avail the legal remedy.

¶07In case there is any delay on the part of the petitioner in pursuing this case before the Court, the same shall be considered by the Revenue Officer concerned as per law.

¶08This petition is, accordingly, disposed of along with all pending applications, with the afore-stated observations.

(M. A. CHOWDHARY)

JUDGE SRINAGAR April 22nd, 2026 "Shoaib javid"