Central Information Commission
Kayser vs Ut Of Jammu And Kashmir on 6 September, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2023/128616.
Kayser. ... अपीलकताा /Appellant
VERSUS/बनाम
PIO, ...प्रद्वतवादीगण /Respondent
UT of Jammu and Kashmir.
Date of Hearing : 03.09.2024
Date of Decision : 03.09.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 19.09.2022
PIO replied on : NA
First Appeal filed on : 10.11.2022
First Appellate Order on : NA
2ndAppeal/complaint received on : 06.07.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.09.2022 seeking information on following points:-
"1 No of Applications received for issuing of partisarkar wef 01.01.2021 to 31.12.2022
2 Date on which applications received ------copies of same 3Date of Disposal of the applications ie the date on which the information was provided copy of same 4 whether the information was provided beyond the prescribed limit of time Reasons if delayed any.
5 Parti sakar P/ copies instead of prepared one of muhajir Land of Satar Ahanger evacuee at mastan khopri khasra nos as provided by custodian Baramulla are 36min, 361, 38, 39, 59, 674, 96, 18, 155, 104, 15, 156, 199, 91, 67, and 40. 6 As per detail of custodian Baramulla total land of above khasra nos is 14.7 kanals while as rest of land out of share almost 24 kanals is not known the same khasra nos be intimated along with the present status.
7 Step taken to retrieve the evacuee property from illegal occupants if any from last 5 years and result thereof 8Under which rule revenue authority can show the land of evacuee as gifted/mutated to illegal occupants.
8 The Sajra Nasab and Sajra of Satar evacuee before his father namely Fatah Ahanger be provided"
Page 1 of 3Aggrieved by non-receipt of any reply from the CPIO within the time limit, the Appellant filed a First Appeal dated 10.11.2022 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Dr Niaz, Tehsiladar &CPIO The Appellant contended that he has not received the reply from the CPIO & FAA.
The CPIO reiterated the contents of the written submissions as the same is reproduced herein:
Accordingly, the undersigned in the capacity of incumbent CPIO is hereby submitting the point vise reply to the instant RTI application as under:
1. Whereas, the information sought is not exactly mentioned here, but if it pertains to copies of Mutations/Jamabandis, then it may conveyed that both types of these documents are available online on Land Records Information System (LRIS) portal provided by Govt.
2. Here, it's not clear as to which applications are hereby meant to be sought by the applicant.
3. Here, again no clear mention of the specific item of information is available.
4. Again no consequential inference could be made w.r.t. what actually is being sought by the applicant.
5. Here, the instant RTI seeks again the Parat Sarkar of Mutations or Jamabandi which are, as already mentioned, available on online LRIS Govt. portal.
6. Here, the details regarding the Evacuee land cannot be authentically quoted as the issue has its genesis from times even before partition of Indian subcontinent in 1947 wherefrom multiple revenue transactions have taken place leading to the change in possession from time to time as well, which are now subject to complaints/grievances from multiple quarters including that of the applicant. This has necessitated the Institution of Inquiry by the UT Crime Branch also.
Furthermore, the 'Custodian Department' being charged with the custody of such lands is compiling and reconciling such records with revenue records and other emerging facts. Hence, this establishment is unable to commit to any concrete details in this regard and therefore is unable to provide any dependable information.
Page 2 of 37. As no conclusive findings of inquiry etc. are available as yet and the undersigned has no competence to undo the old records, hence the so-called retrieval of such property and providing of information thereof is out of question as of now. In this regard, the correspondence between Custodian authorities and this office is enclosed herewith as Annexure A1& A2 for your kind reference.
8. This matter is under inquiry with the UT Crime Branch. Pertinent letter enclosed herewith as Annexure- B1 & B2.
9. The instant record (Shajr-e-Nasb) of Sattar Ahanger dates back to before Land settlement of 1959-60 and such old records are not available with our establishment and can be had from Central Record Room, Srinagar. Hence submitted.
Decision:
Keeping in the view of the case and the submissions made, the commission is of the view that an appropriate response as per the RTI Act, 2005 has been provided by the CPIO no further intervention of the commission is required in the instant matter. Hence, with the above observation, the second appeal stands disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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