Jagdev Singh and Others v. Ut of J and K Th Secretary, Revenue Department, Jammu and Others

ORDER

07.02.2025 CAV No. 29/2025

With the appearance of Mr. Pawan Kr. Khajuria, Advocate for the caveators, the caveat stands discharged. WP(C) No. 274/2025

¶01After arguing for a while, learned counsel for the petitioners submits that he is not aggrieved of the observation, which has been made by the learned Financial Commissioner, Revenue while passing the impugned order dated 31.12.2024, whereby, the matter has been remanded to the concerned Tehsildar for de-novo enquiry and fresh order was required to be passed in presence of all the concerned parties. However, he is aggrieved of the observations made by the Financial Commissioner, Revenue while passing the Sr. No. 113 2 | P a g e WP(C) No. 274/2025

order impugned dated 31.12.2024 wherein in para 7, the learned Financial Commissioner has made certain observations which may influence the concerned Tehsildar to conduct fresh enquiry.

¶02Learned counsel for the petitioners further submits that he would feel satisfied that in case the matter is remanded to the concerned Tehsildar, who may conduct the de-novo enquiry after hearing all the stakeholders but without being influenced by the observations made by the Financial Commissioner.

¶03Heard learned counsel for the parties at length and perused the record.

¶04Issue notice, which is waived by Ms. Sagira Jaffar, Advocate appearing vice Mrs. Monika Kohli, learned Sr. AAG on behalf of respondent nos. 1 to 3 and Mr. Pawan Kr. Khajuria, Advocate on behalf of respondent nos. 4 to 6. Learned counsel for the respondents is not averse to the aforesaid proposal made by learned counsel for the petitioners.

¶05Accordingly, with the consent of learned counsel for the parties, the instant petition is taken up for final disposal at this stage by directing concerned Tehsildar to conduct the de-novo enquiry and pass fresh order after hearing all the concerned stakeholders, but without being influenced by the observations made by the Financial Commissioner, Revenue in the order dated

31.12.2024, which is impugned in the present petition. Parties are directed to appear before the concerned Tehsildar on 17.03.2025.

¶06This Court after hearing both the parties do not find any legal infirmity with the order passed by the learned Financial Commissioner, Revenue, which is simply an order by virtue of which the matter has been remanded back to the appropriate authority for conducting de-novo enquiry after hearing all the 3 | P a g e WP(C) No. 274/2025

stakeholders and both the parties are at liberty to appear before the Tehsildar Bhalwal, who shall proceed in accordance with law and pass appropriate orders.

¶07The writ petition is disposed of in the manner indicated above along with all connected application(s).

(WASIM SADIQ NARGAL)

JUDGE

JAMMU

07.02.2025 Mihul

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 274/2025 CM No. 529/2025 CAV No. 29/2025 Jagdev Singh and Ors. ..... Petitioner(s) Through :- Mr. R.P. Sapolia, Advocate Vs U.T. of J&K and Ors. .....Respondent(s) Through :- Ms. Sagira Jaffar, Advocate vice Mrs. Monika Kohli, Sr. AAG for R- 1 to 3 Mr. Pawan Kr. Khajuria, Advocate for R- 4 to 6 CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE