Jammu & Kashmir High Court
Pronounced On: 07.04.2026 vs Madan Lal And Others on 7 April, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 07
2026:JKLHC-JMU:970
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
PA No.1/2026
Pronounced on: 07.04.2026
Uploaded on: 07.04.2026
Bodh Raj .....Petitioner(s)
Through: None
Vs
Madan Lal and others .....Respondent(s)
Through:
Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
07.04.2026
1. Learned Principal District Judge, Samba, before whom aforetitled petition
under Section 64 of the Probate and Administration Act, 1977 is pending,
has recused himself to hear the matter for personal reasons and submitted
the file to this Court with a request to transfer the case to any other Court
of competent jurisdiction. It is stated that the Additional District, Samba
has not been vested with the powers for grant of probate and letter of
administration.
2. In accordance with the provisions of the Probate and Administration Act,
1977, the authority to grant probate and letters of administration is vested
exclusively in the District Judge. Furthermore, as defined under Section 3
of the Act, the term ‘District Judge’ refers to the Judge of a principal civil
court of original jurisdiction. Therefore, the present matter falls within the
exclusive jurisdiction of the District Judge, and since the Principal District
Judge, Samba has recused himself from hearing the matter on personal
grounds, therefore, it would be appropriate to transfer the case from the
PA No.1/2026 2
2026:JKLHC-JMU:970
files of Principal District Judge, Samba to the Principal District Judge of
the nearby District.
3. In view of the above, File No.01/Prob. titled Bodh Raj v. Madan Lal and
others is transferred from the files of Principal District Judge, Samba to
the Principal District Judge, Jammu for its disposal under law. The
Principal District Judge, Jammu shall issue notice to both the parties for
their appearance before him.
4. Registry shall transmit the record to case received from the Principal
District Judge, Samba to the Principal District Judge, Jammu forthwith
along with copy of this order. A copy of this order be also sent to the
Principal District Judge, Samba.
5. Disposed of accordingly.
(Moksha Khajuria Kazmi)
Judge
Jammu
07.04.2026
Vinod, Secy
Whether the order is reportable: No
