Madan Lal v. Ut of J and K Th Commissioner Secretary Revenue Department, Jammu and Others

ORDER (20.02.2026)

Caveat No. 285/2026 With the appearance of Mr. Ankur Sharma, Advocate appearing for the caveator/respondent No. 5, caveat stands discharged. WP(C) No. 388/2026

¶01Petitioner, through the medium of this petition, seeks direction upon respondent No. 4, to attest the mutation in his favour for the land measuring 22 kanals and 08 marlas, falling under Khasra No. 620/237 Serial No. 171

min, 242 min and 235 min, situated at Village Kokhyal, Tehsil Nagri, District Kathua, on the basis of a will deed dated 26.06.2008, executed by the father of the petitioner in his favour and registered on

27.06.2008, alleging that respondents No. 4, has been avoiding the same in an unreasonable and arbitrary manner.

¶02Learned counsel the petitioner submits that on the basis of a Will Deed executed by his father in his favour, petitioner is entitled to the attestation of the mutation of inheritance qua land, subject matter of this petition. However, the petitioner has not placed on record any document to substantiate that he had approached the concerned authorities, particularly respondent No. 4, seeking such an action.

¶03Heard.

¶04Notice.

¶05Ms. Nazia Fazal, Assisting counsel appearing vice Mrs. Monika Kohli, learned Sr. AAG waives notice on behalf of respondent Nos. 1 to 4 and Mr. Ankur Sharma Advocate, waives notice on behalf of respondent No. 5.

¶06Learned counsel for respondent No. 5 submits that respondent No. 5, being brother of the petitioner, has also right in the subject land and is required to be heard before attestation of mutation in respect of land in question.

¶07It appears that the petitioner has not approached the revenue authorities, particularly respondent No. 4, and has directly approached this Court seeking such relief. The petitioner, is therefore, advised to approach respondent No. 4, in the first instance for attestation of

mutation on the basis of Will Deed executed by his father, in his favour.

¶08In view of the aforesaid backdrop, the instant petition is disposed of at this stage, with liberty to the petitioner to approach respondent No. 4, with application or plea seeking attestation in his favour and the officer shall consider the same and, if objections are raised by respondent No. 5, the same shall also be considered, in accordance with law.

¶09Petition, is thus, disposed of, along with connected application(s).

(M A CHOWDHARY) JUDGE

Jammu

20.02.2026 Renu

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 388/2026 CM No. 909/2026 Cav No. 285/2026 Madan Lal S/O Lal Chand R/O Village Kokhyal, Tehsil Nagri, District Kathua. …..Appellant(s)/Petitioner(s) Through: Mr. Jagpaul Singh, Advocate. V/s 01. U.T of J&K through Commissioner-cum-Secretary to the Government Revenue Department, Civil Secretariat, Jammu. 02. Deputy Commissioner, Kathua. 03. Tehsildar, Kathua. 04. Tehsildar, Nagri. 05. Doulat Ram S/O Lal Chand. R/O Village Amargarh, Tehsil &Distict Kathua. .…. Respondent(s) Through: Ms. Nazia Fazal, AC vice Mrs. Monika Kohli, Sr. AAG for r-1 to 4 Mr. Ankur Sharma, Advocate for R-5 CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE