BASANTI TOSHKHANI ALIAS BASANTI SAPRU Vs. ASHOK TOSHKHANI,

JUDGEMENT

(1.) Impugned in this intra-court appeal filed by the appellant Basanti Toshkhani is an order and judgment dtd. 13/5/2025 passed by the learned Single Judge of this Court ["the Writ Court"] in WP (C) No. 543/2023 titled Ashok Toshkhani vs. Union Territory of JK and Ors. whereby the Writ Court has allowed the writ petition and quashed the order dtd. 30/9/2022 passed by the District Magistrate, Srinagar including the consequential order dtd. 28/2/2023 passed by the Tehsildar, South, Srinagar. The parties have been left free to resort to legal remedy available to them under law.

(2.) Before we advert to the grounds of challenge urged by the learned counsel appearing for the appellant, we deem it appropriate to state few facts as are germane to the disposal of this appeal.

(3.) An application came to be preferred by the appellant herein before the District Magistrate, Srinagar stating therein that her mother Late Smt. Mahalaxmi Toshkhani alia Kamla Toshkhani was co-owner along-with one Smt. Kamta Toshkhani in respect of land measuring 4.5 kanals falling under Khasra No. 120 with three buildings built thereupon at Rajbagh, Srinagar ["the subject property"].