Manga Ram And Another vs Ut Of J&K And Ors on 4 July, 2026

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    Jammu & Kashmir High Court

    Manga Ram And Another vs Ut Of J&K And Ors on 4 July, 2026

                                                                         Sr. No. 86
    
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
    
    Case No:- WP(C) No. 1984/2026
    CAV No 1906/2026
    
    
    Manga Ram and Another                                            .... Petitioner(s)
                          Through:     Mr. Ankur Sharma, Advocate
                                      ( Through Virtual Mode) with
                                      Ms. Himani Khajuria, Advocate
    
    
                     Vs
    UT of J&K and Ors.                                            ..... Respondent(s)
    
                          Through:
    Coram: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
    
                                        ORDER
    

    04.07.2026

    1. After hearing learned counsel for the petitioners at some length, it appears

    SPONSORED

    that the petitioners have invoked the writ jurisdiction of this Court

    challenging the order passed by the Tehsildar in proceedings initiated for

    partition under the provisions of the Jammu and Kashmir Land Revenue

    Act.

    2. It is not in dispute that, under the provisions of the Land Revenue Act, the

    Tehsildar is vested with the jurisdiction to entertain and decide

    proceedings for partition of joint holdings at the instance of one or more

    co-sharers. The principal contention advanced on behalf of the petitioners

    is that the partition proceedings culminating in the impugned order stand

    vitiated on account of non-compliance with Rule 3 of the Partition Rules,
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    which, according to the petitioners, mandates that every application for

    partition must be accompanied by all the requisite documents.

    3. Having considered the submission, this Court is, prima facie, unable to

    accept the contention that Rule 3 is couched in mandatory terms. A plain

    reading of the said Rule indicates that where the Tehsildar finds the

    application to be incomplete or deficient in any respect, he is empowered

    to return the same to the applicant for removal of such deficiencies. The

    Rule, therefore, does not, prima facie, render the proceedings void merely

    because all documents were not initially annexed with the application.

    4. The impugned order substantially determines the rights of the parties in

    respect of the property in question. Such an order is appealable under

    Section 112 of the Land Revenue Act, which provides that every decree

    passed in partition proceedings shall be deemed to be a decree of a Civil

    Court of first instance and shall, notwithstanding anything contained in

    Section 11 of the Act, be appealable before the District Judge or High

    Court. While Section 11 provides for appeals against orders of Revenue

    Officers in the manner prescribed therein, Section 112 specifically

    governs decrees passed in partition proceedings. Thus, the order passed by

    the Tehsildar in exercise of his original jurisdiction is subject to a

    statutory appeal before the competent appellate forum.

    5. It is well settled that where an equally efficacious statutory remedy is

    available, this Court would ordinarily decline to exercise its extraordinary

    writ jurisdiction, unless the impugned action is shown to be wholly

    without jurisdiction or in violation of the principles of natural justice.

    6. Learned counsel for the petitioners, however, reiterated that the

    proceedings suffer from violation of Rule 3 of the Partition Rules. As
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    already observed, the said Rule is not, prima facie, mandatory in nature.

    Moreover, any procedural irregularity allegedly committed during the

    course of the proceedings stands merged in the final order, which is itself

    appealable under the statutory scheme. Such grievances can appropriately

    be examined by the appellate authority and do not warrant interference in

    exercise of writ jurisdiction.

    7. Further, the impugned order records that notice of the partition

    proceedings had been duly served upon the petitioners, who failed to

    appear despite service, whereafter the proceedings were conducted ex

    parte. Consequently, it cannot be said, at this stage, that the impugned

    order suffers from any violation of the principles of natural justice so as to

    justify invocation of the extraordinary jurisdiction of this Court.

    8. In view of the aforesaid legal position, this Court is not inclined to

    entertain the present writ petition. At this stage, when confronted with the

    availability of the statutory remedy, learned counsel for the petitioners

    seeks permission to withdraw the writ petition with liberty to avail the

    appropriate remedy available under law. Learned counsel further prays

    that the petitioners may be protected against dispossession for a

    reasonable period so as to enable them to approach the competent

    appellate forum.

    9. The prayer is considered. Accordingly, the writ petition is dismissed as

    withdrawn with liberty to the petitioners to avail the statutory remedy

    available under law. It is further directed that, for a period of two weeks

    from today, or until the petitioners approach the competent appellate

    forum and seek appropriate interim relief, whichever is earlier, the parties

    shall maintain status quo with regard to possession of the property in
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    question. It is, however, made clear that this protection shall automatically

    cease upon expiry of the aforesaid period or upon the passing of any order

    by the appellate authority, whichever occurs earlier.

    10. It is clarified that this Court has not expressed any opinion on the merits

    of the controversy, and all questions are left open to be considered by the

    competent appellate authority.

    (Sanjay Parihar)
    Judge
    Jammu
    04.07.2026
    Javid Iqbal.



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