ABDUL HAMEED GANIE v. UNION TERRITORY OF J AND K & Ors.

Through: MR. MUBASHIR RABBANI, ADVOCATE. Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: . CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 17.03.2025 The petitioners’ father namely Abdul Rehman, along with his co- cultivators, is said to have become beneficiary of operation of section 4 of the J & K Agrarian Reforms Act 1976, with respect to land comprising khasra No. 34 in Wazirpora Dhanev, Tehsil Qaimoh, District Kulgam. The prospective owner, Abdul Rehman is said to have expired and the petitioner reckons himself to have stepped in the shoes of his father Abdul Rehman and is aggrieved that section 4 mutation is not being followed by attestation of mutation under section 8 of the Agrarian Reforms Act 1976, which exercise is required to be done by the Tehsildar Agrarian Reforms concerned, and, as such, is aggrieved of inaction on part of the said revenue official of Agrarian Reforms dispensation for which purpose, the present writ petition is being intended to be maintained. However, from the perusal of the writ petition, it is not being explained as to why the petitioner has skipped over in approaching the jurisdictional Collector Agrarian Reforms, or for that matter the Commissioner Agrarian Reforms, UT of J&K for seeking redressal of his grievance when the said remedy is very efficacious remedy available for the petitioner. In case, even if new dispensation has been put in place to deal with the pending matters originating from the Jammu & Kashmir Agrarian Reforms Act 1976 even then the petitioner is at liberty to approach requisite authorities, who shall thereupon deal with the grievance of the petitioner in accordance with law whereupon the petitioner, if left still aggrieved, can approach this Court with the petition under article 226 of the constitution as a matter of right. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 17.03.2025. Hilal Ahmad