Jammu & Kashmir High Court – Srinagar Bench
Ali Bhat vs Mohammad Shafi Shah And Anr on 20 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 15
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 2231/2021
CM No. (7209/2021)
Ali Bhat
...Applicant(s)/Petitioner(s)
Through: Mr. Bilal Ahmad Malla, Advocate
VERSUS
Mohammad Shafi Shah And Anr.
...Respondent(s)
Through: None
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
20.07.2026
1. One- Ama Shah was admittedly recorded owner of
land measuring 2 kanal 12 marlas comprising
khasra No. 76 min situated in village Dhobipora,
Tehsil Barbugh Imam Sahib, District Shopian.
2. Viz. said land, under purported operation of the
Agrarian Reforms Act, 1976, mutation No. 173
under section 4 and mutation No. 233 under
section 8 came to be attested.
3. The beneficiary of mutation No. 233 dated
17.12.1988 was the petitioner herein getting
installed as an owner in cultivating possession of
said land.
4. It took ex-owner Ama Shah’s son, the respondent
No. 1- Mohammad Shafi Shah, more than 32
years to challenge mutation No. 233 of 1988
before the Additional Deputy Commissioner
(Commissioner, Agrarian Reforms) Shopian.
5. The appellate authority of the Additional Deputy
Commissioner with powers of Commissioner,
Agrarian Reforms Shopain has, purportedly
drawing satisfaction that the alleged tenancy in
favour of the petitioner being beneficiary of
mutation No. 233 attested under section 8 of the
Agrarian Reforms Act, 1976 was without any
actual relationship of landlord and tenant
obtaining in the revenue record in particular in
particular khasra girdawari of 1971, held that
mutation to be illegal and, notwithstanding the
time barred appeal condoned the delay with the
same stroke of pen and simultaneously allowed
the appeal by setting aside mutation No. 233
dated 17.12.1988 by virtue of order dated
07.04.2021 against which the petitioner rushed to
this Court with the present writ petition filed on
25.10.2021.
6. One of the annexures accompanying the writ
petition is an application, purported to have been
made by the respondent No. 1 before the Assistant
Commissioner (Revenue), Shopian thereby seeking
recovery of possession of 2 kanals 12 marlas of
land comprising khasra No. 76 min which forms
subject matter of the mutation No. 233 of 1988.
7. Today, Mr. Bilal Ahmad Malla, learned Advocate
for the petitioner comes forward with a photocopy
of an order dated 12.08.2021 of the Assistant
Commissioner (Revenue), Shopian dealing with
said application of the respondent No. 1 by giving
direction to the Tehsildar, Barbugh Imam Sahib to
proceed in the light of the order passed by the
Joint Financial Commissioner (Revenue) J&K way
back in the year 1986 in terms of order dated
14.02.1986 by reference to the challenge made to
mutation No. 173 attested under section 4 of the
Agrarian Reforms Act, 1976.
8. The Assistant Commissioner (Revenue) Shopian is
on record producing the extract of order dated
14.02.1986 bearing a purported reference to a
compromise between the petitioner and the
respondent No. 1 qua the land measuring 2
kanals 12 marlas comprising khasra No. 76 min,
besides other land, with a consequent direction to
the Tehsildar, Shopian for attestation of mutation
under the Agrarian Reforms Act, 1976.
9. In view of this purported development as reflected
in order dated 12.08.2021 of the Assistant
Commissioner (Revenue) Shopian, the present writ
petition should not engage this Court any longer
but for the purpose of according effectual disposal
to this writ petition, this Court needs to have a
certified copy of order dated 12.08.2021 of the
Assistant Commissioner (Revenue) Shopian on
record along with certified copy of order dated
14.02.1986 of the Joint Commissioner, Agrarian
Reforms, Kashmir by reference to mutation No.
173 which was challenged in an appeal filed on
11.03.1985.
10. Let requisite certified copies be placed on record
positively on the next date of hearing by the
petitioner failing which any adverse order in the
case shall be at the risk and cost of the petitioner
and none else.
11. List in continuation on 17.08.2026.
(RAHUL BHARTI)
JUDGE
SRINAGAR
20.07.2026
Akhil Dev
