SURAM CHAND Vs. STATE

JUDGEMENT

(1.) CLAIMING to be the adopted son of Balak Ram and successor to the properties left by him and his another successor Mrs. Gullan, petitioner has filed this writ petition questioning Settlement Commissioner, Jammu and Kashmir, Jammus order of August 17, 2005 whereby he had dismissed two appeals preferred by Suram Chand, petitioner, against the orders passed by Additional Deputy Commissioner, Udhampur on September 18, 2004 setting aside mutation No. 1413 of February 6, 1989 and mutation No. 1423 of October 25, 1989 whereby estate of Balak Ram had been mutated in favour of Mrs. Gullan, and of Mrs. Gullan in favour of Suram Chand, petitioner.

(2.) PETITIONER questions the order passed by Settlement Commissioner, Jammu and Kashmir, Jammu, inter alia on the grounds that the respondents appeal before the Commissioner was barred by time, the delay had been condoned without any sufficient reason therefor, and the decree of the Civil Court on the basis whereof Additional Deputy Commissioner had set aside the mutation did not confer any right on Shiv Dei, respondent No.5, because it had not been executed within the prescribed period of limitation. It has been further stated in the writ petition that Shiv Deis declaration as adopted daughter of Balak Ram by the Civil Court was invalid in view of the provisions of the Hindu Adoption and Maintenance Act.

(3.) OPPOSING the admission of the writ petition to hearing, Shiv Dei, respondent No.5, while controverting the pleas set up by the petitioner in his writ petition has submitted that the dispute raised by the petitioner in the writ petition is squarely covered by the suit which he had filed in the Court of Sub -ordinate Judge, Reasi, and in that view of the matter, the petitioner was disentitled to invoke the writ jurisdiction of the Court to seek simultaneous adjudication of the same dispute by this Court when the Civil Court was already in seizin thereof.