Mohd Azam v. Union Territory of Jammu and Kashmir Th Chief Secretary and Ors

JUDGMENT (ORAL)

¶01Through the medium of this review petition, the petitioner – Mohd. Azam intends to seek review of order dated

19.12.2024, in terms whereof this Court came to dispose of the writ petition-OWP No. 1764/2012.

¶02Writ petition-OWP No. 1764/2012 was filed by Mohd. Alam, the father of the present petitioner, wherein he came to allege that he has suffered deprivation of 7 kanals of land out of his ownership land total measuring 17 kanals 12 marlas comprised in khasra No. 73 min of village Saria tehsil Serial No. 09 Regular List

Kalakote district Rajouri out of which 7 kanals of land alleged to have been taken over unauthorisedly by the J&K Minerals Department, and thus compensation was claimed in the said writ petition for the said land parcel.

¶03Before filing writ petition-OWP No. 1764/2012, said Mohd. Alam had first filed a writ petition-OWP No. 485/2010 by reference to the cause of action on the basis of which said writ petition-OWP No. 1764/2012 came to be filed.

¶04Writ petition-OWP No. 485/2010 was withdrawn on purportedly account of accrual of fresh cause of action.

¶05During the pendency of writ petition, the original writ petitioner – Mohd. Alam expired on 07.04.2017, which resulted in application-CM No. 2047/2019 being filed by the present petitioner – Mohd. Azam claiming to be the legal heir of his father Mohd. Alam to the exclusion of his brothers, on the basis of a registered will dated 06.06.2009 in terms whereof the testator Mohd. Alam declared that land measuring 24 kanals 12 marlas in khasra No. 73 was in his possession with respect to which he intended to bequeath it in favour of the present petitioner.

¶06Said application was accompanied with a mutation No. 1054 dated 25.06.2017, in terms whereof, on the basis of the alleged will, the present petitioner came to be entered in

the revenue record as owner with reference to khasra No. 73 measuring 24 kanals 12 marlas.

¶07Thus, while on the one hand in his will, the original writ petitioner - Mohd. Alam claimed to be owning 24 kanals 12 marlas of land in khasra No. 73, on the other hand in his writ petition by reference to self-same khasra No. 73, he was claiming to be the absolute and exclusive owner-in-possession of land measuring 17 kanals 12 marlas in khasra No. 73.

¶08The premise on which this Court came to pass an order dated 19.12.2024 was that Mohd. Alam, the original writ petitioner, had disinherited one of his sons, namely, Mohd. Zaman but the attention of the Court skipped the presence of said will dated 06.06.2009, in terms whereof the original writ petitioner – Mohd. Alam had purportedly vested his land in khasra No. 73 in favour of his son – Mohd. Azam, the present petitioner.

¶09The application for bringing on record legal representative so preferred by the present petitioner was allowed in terms of order dated 26.07.2021, after having first condoned the delay in terms of the order dated 26.02.2019.

¶10Thus, there is an error apparent on the face of the record attending order dated 19.12.2024, which warrants to be reviewed at the instance of the present petitioner, although in order dated 19.12.2024, this Court had reserved the right

of the present petitioner to file a fresh writ petition in the event of having a mutation of inheritance at his disposal qua the subject land of the writ petition.

¶11The present petitioner, instead of availing the said option, has chosen to come forward seeking review of order dated 19.12.2024 which is, accordingly, accepted.

¶12Order dated 19.12.2024 is, thus, recalled and writ petition-OWP No. 1764/2012 is restored to its original number.

¶13List writ petition-OWP No. 1764/2012 on

15.12.2025 along with record of writ petition-OWP No. 485/2010.

¶14Registrar Judicial, Jammu is directed to ensure that record of writ petition-OWP No. 485/2010 is annexed with the restored writ petition-OWP No. 1764/2012 positively.

¶15The present review petition-RP No. 55/2025 is, accordingly, disposed of.

(RAHUL BHARTI) JUDGE JAMMU

08.12.2025

Bunty

Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No

Jammu

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU In OWP No. 1764/2012 CM No. 7677/2025 Date of pronouncement : 08.12.2025 Uploaded on : 10.12.2025 Mohd. Azam ….Petitioner Through:- Mr. Muzzaffar Ali Shah, Advocate & Mr. Tayyab Javed Qureshi, Advocate. V/s UT of J&K & Ors. …..Respondents Through:- \ CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE