Mandeep Kour Th. Attorney Holder Navdeep Singh Bijral v. Gurjeet Singh

ORDER (02.06.2026)

¶01The respondent-Gurjeet Singh, acting at his volition commenced proceedings under Section 104 read with Section 105 of the J&K Land Revenue Act, Svt. 1996 for partition of the proprietary land of 'predecessor-in-interest', Harnam Singh.

¶02The subject matter of the partition petition is Khewat No. 12, Khata No. 55 and Khasra No. 200 and 752/200, measuring 20 kanals and 9 marlas at village Gole, Tehsil Jammu West. Serial No. 59 Supplementary List-1

¶03Said Harnam Singh was a displaced person and thus allottee of the land in the aforesaid Khewat holding the property in his right as an occupancy tenant.

¶04Upon death of said Harnam Singh, mutation of inheritance No. 678 is said to have been attested in favour of his four sons and widow.

¶05The respondent is one of four sons whereas the petitioner is daughter of Parshotam Singh, the deceased son of Harnam Singh.

¶06The institution of the partition proceedings by the respondent is said to be of 2023.

¶07In the said partition case, the petitioner appeared through counsel and apprised the court through written objections that on the basis of a memorandum of family settlement deed dated 17.01.1991 read with a will deed dated 27.07.2021 and attestation of mutation No. 3230 dated 25.06.2022 the matter was concluded with respect to the succession/inheritance to the estate of Harnam Singh rendering the respondent's partition case misconceived.

¶08By reference to the disclosure of the mutation No. 3230 dated 25.06.2022 so made from the end of the petitioner, the respondent came forward with a time-

barred appeal under Section 11 of the J&K Land Revenue Act (Svt.), 1996 filed on 27.08.2024 before the court of learned Assistant Commissioner (Revenue) with Powers of Collector 1st Class, Jammu.

¶09By virtue of impugned order dated 31.12.2025, the appellate authority of Collector 1st Class, Jammu has condoned the delay and taken the appeal on board for adjudication against mutation No. 3230 of 2022 which has left the petitioner aggrieved to come to this Court invoking the supervisory jurisdiction of this Court under article 227 of the Constitution of India.

¶10In the face of the fact that the petitioner has the remedy of revision petition readily available to her under J&K Land Revenue Act, Svt. 1996, this Court reckons that approaching this Court through this petition would be a misstep on the part of the petitioner which would be prejudicial not only to the respondent but even also to the petitioner herself as any adverse adjudication from this Court may seriously prejudice either of the two sides and therefore, the petitioner shall be well advised to invoke the revisional jurisdiction under the J&K Land Revenue Act, Svt. 1996.

¶11The petition is thus, not entertained reserving liberty in favour of the petitioner to approach the revisional authority against the impugned order within a period of next thirty days and till that time further proceedings in the appeal before the court of learned Assistant Commissioner (Revenue) with Powers of Collector 1st Class, Jammu in a case titled "Gurjeet Singh Vs. Naib Tehsildar Gole & Anr.", shall remain stayed.

¶12The petition is accordingly, disposed of.

(RAHUL BHARTI) JUDGE JAMMU

02.06.2026

SUNIL

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 3559/2026 Mandeep Kour Th. Attorney Holder Navdeep Singh Bijral …..Petitioner Through: Mr. Tarun Sharma, Advocate Vs Gurjeet Singh .…. Respondent Through: CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE