WP(C)/830/2026 of TAJA BEGUM Vs UNION TERRITORY OF J AND K AND OHERS (REVENUE) on 22 April 2026

1. Union Territory of Jammu and Kashmir through Secretary to Government, Revenue Department, Civil Secretarit, Srinagar-190010.

2. Financial Commissioner (Revenue)

DC Office, Tankipora, Srinagar 190001.

3. Divisonal Commissioner, Kashmir

Srinagar, J&K-DC Office, Tankipora, Srinagar-190001.

4. Deputy Commissioner, Anantnag

Distrioct Anantnag, J&K-DC Office Anantnag Mehman

Mohalla, Anantnag, Jammu and Kashmir 192101.

5. Tehsildar, Anantnag District Anantnag, J&K-DC Office Anantnag Mehman Mohalla, Anantnag, Jammu and Kashmir 192101.

6. Naib Tehsildar, Tehsil and District Anantnag, J&K-DC Office Anantnag

Mehman Mohalla, Anantnag, Jammu and Kashmir 192101.

7. Bal Krishen Koul

S/O Late Dina Nath Koul

R/O House No. 115 Lane No. 2 Om Vihar Talabtillo.

Camp Road Jammu.

8. Smt. Champa Devi

D/O Late Dina Nath

W/O Pushkar Nath Saproo

R/O Vinayak Nagar, Muthi, Jammu.

9. Rajesh Kaul S/O Late Piarylal Koul R/O Amar Colony Gole, Gujral, Jammu.

10. Ritesh Koul S/O Late Piarylal Koul R/O Amar Colony Gole, Gujral, Jammu.

11. Ramesh Koul S/O Late Avtar Krishan Koul

R/O Nayak Vihar, Muthi Jammu

12. Rick Koul

S/O Late Avtar Krishan Koul

R/O Nayak Vihar, Muthi Jammu

13. Smt. Bitta Koul

W/O Late Avtar Krishen Koul

R/O Nnank Vihar, Muthi Jammu.

… Respondent(s) Through:- Mr. Lone Altaf, Advocate for Caveator/Respondent No. 7.

CORAM:

HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER) 22.04.2026

Caveat No. 831/2026:-

01. With the appearance of Mr. Lone Altaf, learned counsel for caveator/respondent No.7, the caveat stands discharged. WP(C) No. 830/2026:-

02. Petitioner, through the medium of this petition, seeks setting aside of Order dated 23rd of March, 2026, passed by the learned Financial Commissioner Revenue, J&K, whereby an appeal filed by the petitioner under Section 7 of ‘The Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997’ has been dismissed, and quashment of eviction notice dated 15th of December, 2025 and consequential actions thereof, including forcible dispossession of the petitioner from the property in question.

03. At the very outset, the learned counsel for the caveator/Respondent No. 7, stated that the petitioner has only filed the appeal against the order passed in appeal and the notice of eviction and has not challenged the basic order dated 15th of December, 2025, passed by Tehsildar, Anantnag and subsequent orders following thereafter.

04. Learned counsel for the petitioner fairly accepted this plea raised by the learned counsel for the Caveator/respondent No. 7 and submits that despite applying for seeking the copy of the basic order, and also invoking the Right to Information Act (RTI) provisions, the petitioner was not provided the copy of the basic order, as such, he had come to this Court through the medium of this writ petition.

05. Be that as it may, the documents produced by the learned counsel for the caveator/respondent No. 7 are taken on record and copies thereof are ordered to be supplied to the learned counsel for the petitioner to avail the legal remedy available to him.

06. This writ petition, is thus, disposed of at this motion stage with liberty to the petitioner to avail the legal remedy.

07. In case there is any delay on the part of the petitioner in pursuing this case before the Court, the same shall be considered by the Revenue Officer concerned as per law.

08. This petition is, accordingly, disposed of along with all pending applications, with the afore-stated observations.

(M. A. CHOWDHARY)

JUDGE SRINAGAR April 22nd, 2026 “Shoaib javid”