17.02.2026
Facts;
1. Ownership of land measuring 04 kanals falling under Survey No.395
min in Estate Sonamarg, Tehsil Kangan, District Ganderbal, passed unto the
petitioner herein pursuant to the attestation of mutation No.602 dated
05.09.1986 and mutation No.605 dated 02.12.1986 respectively, attested by
respondent 10 herein, under Sections 4 and 8 of the Jammu and Kashmir
Agrarian Reforms Act 1976 (for short ‘the Act of 1976) and feeling aggrieved
of the said mutations, private respondents 3 to 9 herein claiming to be the
successors of the original owners of the said land namely Abdul Ahad Raina,
Ghulam Mohi-ud-din Raina and Ghulam Mohammad Raina, preferred an
appeal before Joint Agrarian Reforms Commissioner respondent 2 herein, on
03.01.2022, accompanied with an application for condonation of delay
seeking condonation of delay in preferring the said appeal, wherein the said
condonation of delay application came to be allowed on 15.12.2022 by the
respondent 2, aggrieved of the which order dated 15.12.2022, the petitioner
herein preferred WP(C) No.05/2023 before this Court, which WP(C)
however, came to be withdrawn on 20.01.2023 owing to the disposal of the
main appeal in the meantime by respondent 2 on 10.01.2023, whereafter the
petitioner herein preferred WP(C) No.69/2023 challenging both the orders
being order dated 15.12.2022 passed in the condonation of delay application
as also the order dated 10.01.2023 passed in the main appeal and the said
WP(C) 69/2023 came to be disposed of on 10.07.2023 by this Court directing
the respondent 2 to consider and decide the application for condonation of
delay afresh on merits by passing a speaking/ reasoned order and to make an
endeavor to dispose of the matter within a period of two months positively,
whereafter the respondent 2 on 10.10.2023 decided the condonation of delay
application and allowed the same, aggrieved whereof the petitioner herein
preferred WP(C) No.2811/2023 before this Court, which petition however,
came to be dismissed on 03.11.2023, upholding the said order dated
10.10.2023 passed by respondent 2 and aggrieved of the dismissal of the said
WP(C) 2811/2023, the petitioner herein preferred LPA No. 248/2023, which
LPA came to be disposed of on 23.10.2024 on the premise that since the
petitioner herein (being the appellant before the LPA Bench) had challenged
the order passed in the main appeal in a separate writ petition i.e. WP(C)
No.1327/2024 (being present petition) and that as such, the
appellant/petitioner herein shall be free to raise the question with regard to the
legality of the order of condonation of delay dated 10.10.2023 passed by
respondent 2 while providing further that the order of dismissal of the writ
petition of the petitioner dated 03.11.2023 passed in WP(C) No.2811/2023 of
2023 shall not come in the way of appellant/petitioner herein in assailing the
said order dated 10.10.2023 on the ground that the respondent 2 herein has
erroneously condoned the delay and the petitioner herein whereafter in view
of the aforesaid liberty granted by LPA Bench amended the said WP(C)
No.1327/2024 incorporating therein challenge to the condonation of delay
order dated 10.10.2023 passed by respondent 2 herein and consequently
amended the petition being the present one.
