Kulbir Singh v. Union Territory of Jammu and Kashmir

Through:- Ms. Sagira Jaffar, assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM : HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 22.05.2024

The petitioner by way of this petition seeks the following reliefs:- An appropriate writ direction or order in the nature of writ of a) mandamus commanding the official respondents to handover the possession of the land measuring 10 kanal 13 marlas comprising Khasra No. 280, 3 kanal 17 marlas comprising Khasra No. 479 min situated at Village Sarore, Tehsil Bishnah Distt. Jammu in pursuance to the order dated 07.07.2022. b) An appropriate writ direction or order in the nature of writ of mandamus commanding the private respondents to handover the peaceful vacant Possession of the measuring 10 kanal 13 marlas comprising Khasra No. 280, 3 kanal 17 marlas comprising Khasra No. 479 min situated at Village Sarore, Tehsil Bishnah Distt. Jammu, as the petitioner is the legal owner of the sa me c) An appropriate writ order or direction in the nature of writ of mandamus commanding upon the respondent No.3 to proceed with the application filed by the petitioner dated 15/12/2023 and decide 2 WP(C) No. 1137/2024 the same expeditiously and within the time to be framed by this Hon'ble Court.

Grievance of the petitioner is that initially Sh. Santu Singh & Ors were the owners of land measuring 10 kanal 13 marlas comprised in Khasra No. 280, 3 kanal and 17 marlas in Khasra no. 479 min and on the aforesaid land, the predecessor-in-interest of the respondents namely Safar Singh S/o Naru was recorded as occupancy tenant during Kharief 2004 Svt. It is pleaded that at the time of implementation of Big Landed Estate Abolition Act, 2007 Svt, it was found that both Santu (ex-owner) and Safar Singh (ex-occupancy tenants) have excess land than ceiling No. 712 dated 22.03.2010 measuring 10 kanal 13 marlas comprised Khasra No. 280, 3 kanal and 17 marlas in Khasra No. 479 min was escheated to State.

It is further pleaded that predecessor-in-interest of the petitioner Sardar Gurbaksh Singh was a displaced person of POK of 1947 and under rehabilitation, land comprised Khasra No. 280 measuring 10 kanal 13 marals and land comprised in Khasra no.479 min measuring 3 kanal 17 marlas was allotted to him under Govt. order No. 578-C of 1954 and the ownership/proprietorship rights have also been conferred vide Govt. Order No. 254-C of 1966 and mutation No. 867 dated 25.03.1969 was also attested in his favour.

Learned counsel for the petitioner submits that after development, the then Tehsildar Settlement Jammu, who was Incharge of Village Sarore, Tehsil Bishnah attested Mutation No. 1516 dated

03.02.1989 under section 4 of the J&K Agrarian Reforms Act and escheated the said land to the State but being a matter of great concern, the then Naib Tehsildar attested Mutation No. 1705 under section 8 of 3 WP(C) No. 1137/2024 J&K Agrarian Reforms Act 1976 while conferring ownership rights upon Rashpal Singh and Others, who were the respondents before the Appellate Court.

Learned counsel for the petitioner further submits that the father of the petitioner filed an application before Tehsildar Assistant Settlement Collector Ist Class Bishnah for implementation of the order dated

13.11.1996 passed by Id. Financial Commissioner Revenue in File No. 24/ARC and Tehsildar Bishnah i.e. respondent No.3 conducted spot camp at Sarore on 30.6.2022 and also recorded the statement of the petitioner, as well as private respondents herein. After conducting inquiry in to the matter, the Tehsildar has passed the order dated 07.07.2022.

Learned counsel for the petitioner submits that the petitioner had approached respondent No.3 to get the land vacated from the private respondents and handover the possession of the same to the petitioner herein but only assurances were given to the petitioner but nothing has been done till date. The petitioner has also submitted a detailed application dated 15.12.2023 before the Tehsildar Bishanh for retrieving his land mentioned above from the private respondents but no action has been taken in this respect.

In view of the aforesaid submissions made by learned counsel for the parties and with their consensus, this petition is disposed of by directing the respondents, particularly respondent No. 3, to consider the application/representation filed by the petitioner dated 15.12.2023 and decide the same as expeditiously as possible preferably within a period of eight weeks from the date copy of this order along with the copy of the representation is served upon the respondents.

This petition is disposed of in the above terms. JAMMU RAM MURTI/PS 22.05.2024 (VINOD CHATTERJI KOUL) Judge Ram Murti 2024.05.30 10:45 I attest to the accuracy and integrity of this document