Jammu and Kashmir High Court
WP(C)/2894/2022 of SURESH KUMAR Vs U T OF J AND K TH DEPUTY COMMISSIONER KISHTWAR AND OTHERS on 31 December 2022
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2894/2022 Suresh Kumar …..Appellant(s)/Petitioner(s) Through: Mr. Asheesh Singh Kotwal, Advocate. Vs UT of J&K and others .…. Respondent(s) Through: Mrs. Monika Kohli, Advocate. Coram: HON’BLE MR. JUSTICE JAVED IQBAL
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HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
Suresh Kumar
WP(C) No. 2894/2022
…..Appellant(s)/Petitioner(s)
Through: Mr. Asheesh Singh Kotwal, Advocate.
Vs
UT of J&K and others .…. Respondent(s)
Through: Mrs. Monika Kohli, Advocate.
Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER31.12.2022
Learned counsel for the petitioner states that the instant petition has been filed by the petitioner against the order dated 10.08.2021 passed by the Deputy Commissioner (Collector), Kishtwar upon an appeal filed by the petitioner herein against the private respondents against order dated 06.06.2017 passed by the Tehsildar Kishtwar, whereunder the Tehsildar directed the Patwari Halqa Poochal to conduct demarcation and subsequent by handing over the possession of the land to the respondent-Sharda Devi as per her entitled share.
Learned counsel for the petitioner would contend that since the private respondents instead of taking recourse to execution proceedings filed an appeal against the order dated 06.06.2017 before the Deputy Commissioner, Kishtwar, the Deputy Commissioner, Kishtwar ought not to have proceeded with the said appeal.
Learned counsel for the petitioner would submit that though the remedy of revision is available to the petitioner against the order of the Deputy Commissioner, Kishtwar dated 10.08.2022 yet the instant petition has been filed since the Deputy Commissioner, Kishtwar has dealt with the matter without jurisdiction.
The submissions of the learned counsel for the petitioner qua the filing of the petition before this Court against the order dated 10.08.2021 passed by the Deputy Commissioner, Kishtwar on the ground that the Deputy Commissioner, Kishwar lacks jurisdiction is not entertainable, in view of the inbuilt remedy provided under the provisions of Land Revenue Act against the order of Deputy Commissioner, Kishtwar.
Learned counsel in view of the matter would, thus, seek withdrawal of the petition with liberty to avail the inbuilt remedy provided under the Land Revenue Act, however, would pray for an interim order till such time the said remedy is availed in order to secure the interests of the petitioner. Though, the submission made by learned counsel for the petitioner is misconceived yet having regard to the submission made by learned counsel for the petitioner that wrong remedy has been chosen against the order dated 10.08.2021, learned counsel for the petitioner is permitted to withdraw the petition and to avail the statutory remedy as aforesaid within ten days from today.
Till the expiry of ten days time, the operation of the impugned order dated 10.08.2021 shall remain on hold.
Disposed of.
(JAVED IQBAL WANI)
JUDGE