Jammu and Kashmir High Court
WP(C)/3895/2019 of YASIR AHMAD MIR Vs UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT) on 11 September 2026
143 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 3895/2019 YASIR AHMAD MIR …Petitioner(s) Through: Mr. M. Sultan, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Mr. N. A . Beigh, Sr. Advocate with Mr. Sofi Manzoor, Advocate. CORAM:
S. No. 143
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 3895/2019
YASIR AHMAD MIR
…Petitioner(s)
Through: Mr. M. Sultan, Advocate.
Vs.
UNION TERRITORY OF J AND K AND ORS.
...Respondent(s)
Through: Mr. N. A. Beigh, Sr. Advocate with Mr. Sofi Manzoor, Advocate.
CORAM:
HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE
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O R D E R
11.09.2026
1. Mr. Beigh learned Sr. Advocate, appearing counsel for the private respondents has raised a preliminary objection that the present petition is not maintainable as the order dated 23.12.2019 can be assailed through only Civil Suit in terms of Section 95 of the Land Revenue Act.
2. Mr. Sultan, learned appearing counsel for the petitioner has opposed the objection raised by Mr. Beigh.
3. This Court in case titled “Om Raj Katoch Vs. State of J&K and Ors.” has already observed that once preliminary objection has been raised and not adjudicated at the time of the admission of the petition, same can be considered at the time of final hearing.
4. At this stage, Mr. Sultan has submitted that the petitioner may be permitted to withdraw this petition to avail the remedy of Civil Suit in terms of Section 95 of the Land Revenue Act, as the disputed questions of facts are involved.
5. Accordingly, this petition is dismissed as withdrawn with liberty aforesaid. The petitioner is permitted to avail the appropriate remedy within a period of one month from today. Till then status-quo be maintained by the parties.
(RAJNESH OSWAL)
JUDGE SRINAGAR 11.09.2026 Ishaq Isaq Hameed Bhat I attest to the accuracy and authenticity of this document 14.09.26