Jammu and Kashmir High Court
WP(C)/1458/2026 of MOHAMMAD SHABAN WAGAY AND OTHERS Vs UNION TERRITORY OF J AND K AND OTHERS (REVENUE) on 3 July 2026
No. 114 SUPPLEMENTARY CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1458/2026 CM No. 3844/2026 Mohammad Shaban Wagay and others …Petitioner(s) Through: Mr. Arfat Rashid Lone, Advocate Mr. Ishtiaq Ahmad Dar Vs. Union of Territory of Jammu & Kashmir
Serial No. 114
SUPPLEMENTARY CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1458/2026
CM No. 3844/2026
Mohammad Shaban Wagay and
others
…Petitioner(s)
Through:
Mr. Arfat Rashid Lone, Advocate
Mr. Ishtiaq Ahmad Dar
Vs.
Union of Territory of Jammu &
Kashmir and others
...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
03.07.2026
1. The respondent No. 5-Raja Bano is widow of one Mohammad Ramazn Wagay. This is an admitted position of fact as good as said Mohammad Ramzan Wagay being son of Mohammad Yousuf Wagay.
2. Said Mohammad Ramzan Wagay expired on 08.03.2025.
3. Upon death of her husband Mohammad Ramzan Wagay, the respondent No. 5-Raja Bano joined by Sahil Ramzan whom she identified and introduced to be her son, applied for the succession certificate with respect to the money related to her husband Mohammad Ramzan Wagay.
4. In addition, the respondent No. 5-Raja Bano also applied for legal heir certificate by approaching Tehsildar, Eidgah and the same came to be issued in her favour by recognizing her as a widow and Sahil Ramzan as son both as legal heirs of late Mohammad Ramzan Wagay.
5. The petitioners 1 and 2 joined by the petitioner No. 3, being two brothers and sister of deceased Mohammad Ramzan Wagay feel themselves aggrieved about the recognition of legal heirship so granted by the Tehsildar Eidgah in favour of the respondent No. 5-Raja Bano and Sahil Ramzan claimed by respondent No. 5-Raja Bano to be her son.
6. The petitioners approached the District Magistrate /District Collector/Deputy Commissioner, Srinagar with an appeal for cancellation/revocation of legal heirs certificate so issued which has come to be declined on the basis that there is no appeal provided against a legal heir certificate issuance order thereby leaving the petitioners free to approach forum of competent jurisdiction for agitating the matter and that is very wise call taken by District Magistrate/District Collector/Deputy Commissioner, Srinagar, which meant that the petitioners ought to have approached a civil court for seeking a declaration with respect to the claim of respondent No. 1 viz-a-viz Sahil Ramzan to be her son by reference to her husband late Mohammad Ramzan Wagay.
7. This Court finds no reason to grant indulgence to the matter in view of the fact that no prejudice has been served to the petitioners by the order of the District Magistrate/District Collector/Deputy Commissioner, Srinagar and the petitioners are free to workout their legal course of action accordingly. Disposed of.
8. The disposal of this writ petition in the aforesaid manner shall not be prejudicial to any of the parties to the matter.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 03.07.2026 Imtiyaz Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 15.07.2026 09:28