ATIQA BEGUM Vs. UT OF J & K

JUDGEMENT

(1.) The present Letters Patent Appeals (LPA) assail the Judgment and Order dtd. 30/3/2026 passed by Writ Court in WP(C) No. 601/2025 connected with WP(C) No. 56/2025, whereby the writ petitions preferred by the appellants came to be dismissed. The impugned judgment, it is submitted, suffers from serious errors apparent on the face of the record, both on facts and in law, warranting interference by us in exercise of our appellate jurisdiction.

(2.) Before proceeding further, it is necessary to briefly advert to the factual matrix of the case. The appellants and respondent No. 5 are successors-in-interest to the estate of one Abdul Ahad Ganie, who owned land measuring 40 Kanals and 17 Marlas under Survey Nos. 45, 60, 62, 63, 214, 298, 300, 390 and 518 situated at Mouza Delina Baramullah-Kashmir. Upon his demise, the estate devolved upon his legal heirs, namely respondent No. 5 (daughter), his widow Mst. Fazi Begum (since deceased), and Mst. Mala Begum, the predecessor-in-interest of the present appellants.

(3.) The mother of the appellants had already been married, whereas respondent No. 5 was unmarried at the time of the death of the last estate holder. After the death of their mother, Mutation No. 1066 dtd. 21/11/2011 BK came to be attested in favour of respondent No. 5 on the ground that she was a Khanani sheen daughter, allegedly in accordance with the entry recorded in the month of Poh, 2011 Bik rami (corresponding to 1954 A.D.) and mutation was also purportedly based upon a Will stated to have been executed in her favour by the deceased Abdul Ahad Ganie.