Jammu and Kashmir High Court
WP(C)/92/2026 of MUZAFFAR HUSSAIN SHAH Vs UT OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPARTMENT, JAMMU AND OTHERS on 27 January 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 92/2026 Muzaffar Hussain Shah S/O Late Nazir Hussain Shah, R/O village Saral, Tehsil Haveli, District Poonch. …..Appellant(s)/Petitioner(s) Through: Mr. Z.A Mughal, Advocate vs 1. UT of J&K through Commissioner/ Secretary,
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 92/2026
Muzaffar Hussain Shah
S/O Late Nazir Hussain Shah,
R/O village Saral,
Tehsil Haveli, District Poonch.
…..Appellant(s)/Petitioner(s)
Through: Mr. Z.A Mughal, Advocate
vs
1.
UT of J&K through Commissioner/
Secretary, Department of Revenue,
Civil Secretariat, Jammu.
2.
Custodian, Evacuee Property, J&K,
Jammu.
3.
Deputy Custodian, Evacuee
Property, District Poonch.
.…. Respondent(s)
Through: Ms. Nazia Fazal, Advocate vice
Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(27.01.2026)
01. Petitioner, through the medium of the present petition, submits that he had moved an application to the respondents as the legal heir of late Nazir Hussain Shah, who was wrongly recorded as an evacuee despite the fact that he never migrated from Poonch to Pakistan and had died in the year 2006. It is further submitted that the respondents have not proceeded with the matter to pass appropriate orders in favour of the petitioner.
02. Learned counsel for the petitioner have brought to the notice of this Court that the respondent- Deputy Serial No. 19
Custodian, Evacuee Property, District Poonch, vide communication dated 04.07.2022, sought legal advice from the standing counsel by seeking legal opinion with regard to the subject matter. He submits that despite the lapse of more than three years, the respondents have not acted upon the legal opinion furnished by the Standing Counsel and the matter remains pending before the Custodian, Evacuee Property, Jammu for passing of appropriate orders on the petition moved by the petitioner.
03. Learned counsel for the petitioner submits that the petitioner would be satisfied if, at this stage, the petition is disposed of with a direction to respondent No. 2, namely the Custodian, Evacuee Property, Jammu, to decide the matter with regard to the application of the petitioner.
04. Mrs. Monika Kohli, learned Senior AAG, who is incidentally present in the Court waives notice on behalf of all the respondents and submits that the respondents are not averse to the plea raised by the petitioner for consideration of the matter by the respondents and disposal of the petition at this stage.
05. In view of the pleadings, facts and circumstances of the case and the submissions made by learned counsel for the parties the petition is dispose of at this motion stage with a direction to respondent No. 2- Custodian, Evacuee Property, J&K, Jammu to consider the application to the petitioner coupled with the legal opinion forwarded to him by respondent- Deputy Custodian, with regard to the plea raised by the petitioner for attestation and mutation in his favour. Respondent No. 2 is directed to proceed in the mater and decide the same expeditiously, preferably within a period of six months from the date a certified copy of this order is made available to him.
06. The petition, is thus, disposed of, along with connected application(s).
(M A CHOWDHARY) JUDGE
Jammu 27.01.2026 Amit