GHULAM RASOOL GANIE v. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT)
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE SANJEEV KUMAR
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-05-30. GHULAM RASOOL GANIE v. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT). Read the...
Judgment text
Serial No. 35 Suppleemntary Causelist III HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1170/2024 CM 3198/2024 Caveat 753/2024 …Petitioner(s) Ghulam Rasool Ganie Through: Mr. Sheikh Mushtaq, Advocate Vs. Union Territory of J&K and Ors. ... Respondent(s) Through: Mr. Lone Altaf, Advocate for R-6 to 8 and 10. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE. ORDER 30. 05. 2024 The petitioner is aggrieved of and has called in question an order th dated 11 December, 2023, passed by District Magistrate, Ganderbal, whereby a direction has been issued to the Tehsildar Wakura (Executive st Magistrate 1 Class) to take over the property of Late Dina Nath, subject matter of Mutation No. 968 situate in estate Waskura Tehsil Wakura in custody in terms of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 [“ the Act”].
The impugned order is appealable under Section 7 of the Act and the appeal lies before the Financial Commissioner, Revenue. In view of the alternative statutory remedy available under the Act this petition is not maintainable. The petition is, therefore, dismissed with liberty to the petitioner to avail the remedy of appeal available before the Financial Commissioner, Revenue. It is made clear that this Court has not expressed any opinion with regard to the merits of the case. (SANJEEV KUMAR) JUDGE SRINAGAR: 30. 05. 2024 “Mir Arif” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 03. 06. 2024
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