Ali Bhat vs Mohammad Shafi Shah And Anr on 20 July, 2026

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    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

    SPONSORED

    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



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