The High Court of Jammu & Kashmir and Ladakh at Srinagar dismissed a writ petition challenging an order concerning mutation No.776 dated 08.09.1982. The petitioner sought to overturn a decision dismissing their application for condonation of a 41-year delay in filing an appeal against the mutation order.
The crux of the case revolved around the property in Village Saidiwara Tehsil Dooru. The petitioner, alongside respondents No.5 to 8, were contended to be co-owners of an estate left by Abdul Rehman Bhat. The dispute arose from a mutation attested in favor of Rahim Padder, the predecessor-in-interest of respondents No.5 to 8, which the petitioner claimed to have discovered only after the digitization of revenue records.
Justice Sanjay Dhar, presiding over the case, focused on the significant delay in challenging the mutation and the absence of a plausible explanation for this delay. The court emphasized the importance of finality in administrative and quasi-judicial orders, stating that reopening settled matters after such extensive periods is contrary to public policy and would lead to endless litigation.
The court further highlighted that condonation of delay in filing an appeal is a discretionary matter and should not be interfered with unless the discretion is exercised based on irrelevant considerations or is patently illegal. The judgment, thus, sets a precedent underscoring the imperative of timeliness in legal appeals and the consequences of inordinate delays in the pursuit of justice.
Case Details
| Case Title | Name of Judge | Name of Lawyer(s) | Date of Order |
|---|---|---|---|
| Ghulam Hassan Bhat v. UT of J&K and Others | Hon’ble Mr. Justice Sanjay Dhar | Mr. G. N. Sofi (for Petitioner), Mr. Faheem Nisar Shah, GA, Ms. Asifa Padroo (for Respondent) | 22.12.2023 |
Key Legal Points and Findings
| Legal Point/Finding | Description |
|---|---|
| Dismissal of Delayed Appeal | The court dismissed the appeal due to the significant delay of 41 years in filing, without a plausible explanation. |
| Condonation of Delay | Condonation of delay is a discretionary matter and not to be interfered unless based on irrelevant or illegal grounds. |
| Finality of Administrative Orders | Reopening settled matters after long periods is against public policy and leads to endless litigation. |
Timeline of Events in the Case
| Event | Date |
|---|---|
| Mutation No.776 Attested | 08.09.1982 |
| Filing of Appeal Against Mutation | Year 2023 |
| High Court’s Dismissal of Writ Petition | 22.12.2023 |
Loading...
Reload document 
Open in new tab 
