Disposed

Bahar Ahmed Naik v. Ut of J and K Th. Commissioner Secretary Revenue Department, Jammu and Others

J&K HC1 Sept 2026WP(C)/2748/2026

Case brief

AI extract

What is this about?

In a petition challenging delay in conferring proprietary rights, the High Court of Jammu & Kashmir directed the Tehsildar to decide the application within one month based on the field staff report, provided no legal impediment exists.

What did the court decide?

Direction to respondent no. 4 to decide the representation within one month based on the field staff report if no legal impediment exists.

Bahar Ahmed Naik Vs Ut of J and K Th… — Public Procurement and Tenders | J&K HC (2026)

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Sr. No. 165

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP (C) No. 2748/2026

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Bahar Ahmed Naik

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.....Applicant(s)/Petitioner(s)

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Through :- Mr. Irfaan Khan, Advocate

v/s

UT of J&K and Others

.....Respondent(s)

Through :- Ms. Chetna Manhas, Assisting counsel to Ms. Monika Kohli, Sr. AAG

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CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

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ORDER 01.09.2026

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In this petition, the petitioner is seeking a direction upon the respondents to confer/attest proprietary rights in favour of the petitioner in terms of the Government Order dated 05.06.1958 read with Government order dated 03.06.1966, in respect of land measuring 14 Kanals 15 Marlas falling under Khasra Nos. 3135/1870 situated at Village Pogal, Tehsil Pogal Paristan, District Ramban. The petitioner herein is also seeking a direction upon the respondents to decide the representation of the petitioner in light of the report of the Patwari Halqa Pogal.

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It is stated by learned counsel for the petitioner that the petitioner has submitted a representation before respondent no. 4, in response to which field staff from the office of respondent no. 4 has submitted its report on 17.07.2026 wherein it is stated as under: -

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“The said applicant is a permanent resident of Pogal. The applicant has submitted a formal application for the mutation of LB-6 and S-432. Upon inspecting the revenue

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records, it was verified that khasra no. 1870, measuring 14-15 kanals, has been continuously recorded in the name of the applicant’s family since prior to the year 1956. The land under consideration is also proposed for approval. The land under discussion falls under the category of LB-6 and S-432. If an order is passed to verify the mutation in favour of the applicant and the rightful claimants, there will be no legal impediment.”

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Learned counsel for the petitioner states that the petitioner would feel satisfied if the instant petition is disposed of with a direction to respondent no. 4- Tehsildar, Pogal Paristan (Ukhral) to take a final decision on the basis of the report submitted by the field staff of respondent no. 4.

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Ms. Chetna Manhas, learned counsel states that she is not averse to the propositions being made by learned counsel for the petitioner.

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Be that as it may, the instant petition is disposed of with a direction to respondent no. 4 to decide the representation of the petitioner dated 01.07.2026 in light of the report of the field staff from the office of respondent no. 4 dated 17.07.2026 within a period of one

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month, from the date a certified copy of this order is served upon respondent no. 4 provided there is no legal impediment.

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6. Disposed of.

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(Moksha Khajuria Kazmi) Judge

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JAMMU 01.09.2026 Manik

Bahar Ahmed Naik v. Ut of J and K Th. Commissioner Secretary Revenue Department, Jammu and Others

Case brief

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Bahar Ahmed Naik v. Ut of J and K Th. Commissioner Secretary Revenue Department, Jammu and Others

Case brief

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