SHOWKAT AHMAD PUCHLOO Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order passed by Financial Commissioner whereby and whereunder the appeal filed in terms of J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, came to be dismissed, for short the impugned order.

(2.) THE Divisional Commissioner - -respondent No.2 vide order dated 11th of December, 2004 granted permission to respondent No.4, Khurshid Ahmad Bhat to alienate the property in question came to be questioned by the writ petitioner by the medium of an appeal - -was dismissed in terms of impugned order on two grounds; one that appeal is time barred and second that appellant had the knowledge of the proceedings.

(3.) LEARNED counsel for the petitioner argued that the writ petitioner -appellant came to know about the said order on 1st of March, 2005 and filed the appeal on 7th of March, 2005. Thus, the limitation has to run from the date of knowledge i.e. 1st of March, 2005 and thus, the appeal was within time.