Bashir Ahmad Lone v. Union Territory of J and K and Ors. (Revenue)

Sr. No. 17

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

RP 92/2025 in[WP(C) 978/2023] BASHIR AHMAD LONE. ….. Petitioner(s) Through: - Mr. T. H.Khawja, Sr. Advocate with Mr. Abdul Muizz, Advocate

V/s UNION TERRITORY OF J AND K AND ORS.

….. Respondent(s) Through: - Mr. M. Ashraf Wani, Advocate. CORAM: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

(ORDER)

23.02.2026.

¶1In the instant review petition, petitioner herein seeks review of judgment and order dated 21st August, 2023, on the premise that the said judgment and order suffers from an error, apparent on the face of the record, in that, it has not remanded back the revision petition filed by the petitioner before the Joint Financial Commissioner (Rev)/Commissioner Agrarian Reforms (for short "the Commission") for its reconsideration as also for enabling the petitioner herein to seek condonation of delay in filing the same and that since only the order under challenge in the petition filed by the respondent herein wherein the judgment and order under review came to be passed has been quashed, the revision petition filed by the petitioner herein before the Commission was required to be remanded back for reconsideration by the forum below.

¶2Objections to the petition have been filed by the private respondent herein wherein the review petition has been opposed on the

premise that the review petition is misplaced in law and that there has been no error much less one apparent on the face of the record, necessitating the review of the judgment and order dated 21st August, 2023. Heard counsel for the parties and perused the record.

¶3Perusal of the record reveals that the petitioner herein have had filed a time barred revision petition before the Commission tiled as "Bashir Ahmad Lone v. Ghulam Rasool Lone and others" under and in terms of Section 15 of the Land Revenue Act, wherein the Commission passed order dated 10.10.2022, and the mutation under challenge therein the said revision petition came to be set-aside, aggrieved whereof, the respondent herein preferred WP(C) No. 978/2023, wherein the instant review petition has arisen which came to be allowed in terms of the judgment and order under review dated 21st August, 2023, holding that the revisional forum has entertained the time barred revision and rendered a decision thereon, as a consequence whereof, this Court quashed the order dated 10.10.2022.

¶4Since a categoric and clear finding has been recorded by this Court, holding that the revision petition entertained by the Commission has been time barred and the decision has been rendered thereon is bad in law, this Court finds as such, no error much less one apparent on the face of the record warranting review of judgment and order dated 21st August, 2023.

¶5The review petition as such is, found to be without any merit and is, dismissed, accordingly, however, the petitioner herein shall be

free to avail any remedy in this regard that may be available to him under law.

¶5Disposed of.

(Javed Iqbal Wani) Judge

SRINAGAR

23.02.2026 "Abdul Rashid" Abdul Rashid Ganaie authenticity of this document :26.02.2026 10:53