MUZAFFAR AHMAD DAR Vs. COMMISSIONER SECRETARY

JUDGEMENT

(1.) Petitioner in this petition has called in question order dtd. 8/3/2021 and order dtd. 6/10/2018 passed by District Magistrate/ Addl. District Commissioner, Shopian. The petitioner has also challenged order dtd. 6/12/2001 passed by Divisional Commissioner, Kashmir, to the extent of declining the permission for alienation in respect of the land measuring 6 kanals and 17 marlas under survey no.2903/1056 situated at Village Ram Nagri, Tehsil Shopian.

(2.) So far as challenge of the petitioner to the order of Divisional commissioner, Kashmir, dtd. 6/12/2001 is concerned, same is rejected for the reason that the Divisional Commissioner is not arrayed as party respondent in this petition and also that there is a huge delay and laches in calling in question the order dated 06.12. 2001. The petitioner has not explained the huge delay of 20 years in approaching this court to challenge the aforesaid order of Divisional Commissioner, Kashmir. Otherwise also, the petitioner lacks locus to question the order which has been passed by the Divisional Commissioner at the request of Migrant namely Sh.Arjun Nath Koul and others.

(3.) In so far as the challenge to the order dtd. 6/10/2018 passed by District Magistrate, shopian, is concerned, the same is also rejected . As per own admission of the petitioner, the order dtd. 6/10/2018 is already subject matter of the challenge in appeal before the Financial Commissioner. This Court is at loss to understand as to how the petitioner could dare to challenge the same order before this court. No body is permitted under law to pursue two remedies simultaneously. The writ petition of the petitioner, in so far as it throws challenge to the order dtd. 6/10/2018, is grossly misconceived and deserves to be dismissed.