Jammu and Kashmir High Court
WRIT PETITION 2707/2025 on 5 September 2001
HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
Case:- WP(C) No.2707/2025
Abdul Aziz
….. Petitioner(s)
Through: Mr. Bilal A Chowdhary, Advocate
Vs
UT of J&K & Anr.
.….Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG
Mr. S M Chowdhary, Advocate Mr. D S Bandral, Advocate in caveat Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER(27.09.2025)
1. The petitioner has challenged order dated 19.08.2025, passed by the Additional Deputy Commissioner/ Collector (Commissioner Agrarian Reforms) Rajouri whereby an appeal against order dated 05.09.2001 passed in mutation No.595 and order dated nil passed in mutation No.598 of village Kalal Kass has been allowed and the said mutations have been set aside.
2. A bare perusal of the impugned order would reveal that the said order has been passed by the Additional Deputy Commissioner, Rajouri in his capacity as Collector and not as the Commissioner Agrarian Reforms. Therefore, the said order is revisable/appealable before the Divisional Commissioner. Merely because in the impugned order besides other designations, Commissioner Agrarian Reforms has also been mentioned, does not mean that the said order has been passed by the Additional Deputy Commissioner in his capacity as Commissioner Agrarian Reforms.
Learned counsel for the petitioner has submitted that the petitioner has filed the present writ petition as he was under the impression that the impugned order has been passed by the Additional Deputy Commissioner in his capacity as Commissioner Agrarian Reforms.
5. In view of availability of alternative efficacious remedy to the petitioner under the provisions of J&K Land Revenue Act, the writ petition cannot be entertained.
Accordingly, the writ petition is dismissed with a liberty to the petitioner to file appropriate proceedings against the impugned order before the competent forum.
JAMMU 27.09.2025 Sneha
(SANJAY DHAR) JUDGE
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