GHULAM MOHAMMAD BEIGH Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged order dtd. 10/10/2023 passed by learned Additional Dy. Commissioner (Joint Agrarian Reforms Commissioner), Ganderbal, whereby the application for condonation of delay in filing the appeal against orders of mutation bearing Nos.602 and 605 under Sec. 4 and 8 of J&K Agrarian Reforms Act, 1976, relating to land measuring 4 kanals in khasra No.395 situated at Sonamarg Ganderbal, has been allowed.

(2.) According to the petitioner the learned Additional Dy. Commissioner (Joint Agrarian Reforms Commissioner) could not have condoned the delay of 34 years in filing the appeal against the mutation orders attested in the years 1986 and 1988 and that there was no reason, much-less a plausible reason for the said authority to condone the delay. It has been further contended that the Additional Dy. Commissioner (Joint Agrarian Reforms Commissioner) has allowed the private respondents to file a supplementary application for condonation of delay which has caused prejudice to the petitioner. It is also contended that the authority concerned has acted in a mala-fide manner while conducting the proceedings, as such, the impugned order is liable to be set aside.

(3.) Heard learned counsel for the petitioner and perused the record.