Central Information Commission
Rajinder Mujoo vs Revenue Department Ut Of J & K on 19 June, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/RDUJK/A/2024/612528
Shri Rajinder Mujoo ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Revenue Department UT of J & K
Date of Hearing : 17.06.2025
Date of Decision : 17.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 26.06.2023
PIO replied on : 14.09.2023
First Appeal filed on : 25.09.2023
First Appellate Order on : 09.11.2023
2 Appeal/complaint received on
nd : 07.03.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 26.06.2023 seeking information on following points:-
"It is requested to furnish below given information under RTI act 2005, in respect of Land under survey no 271 situated at village Patrigam Tehsil Rajpura Distt Pulwama in the name of my father Late Niranjan Nath Mujoo alias Pandit Qazi S/O Late Mohan Lal R/O village Patrigam thesil Rajpura Distt Pulwama. Land and records falling under Thesildar Rajpura jurisdiction.
1. Apprise detail of tenants/ sub tenants from 1st jan 1971 till date, along with entries in footnotes/ remarks.
2. If answer to (1) is yes apprise full details thereof (share wise tenancy land holding. mutation no, entry in revenue records by Patwari and Thesildar.
3. If answer to (1 and 2) is yes provide documents on the basis of which such entries were recorded. Provide consent letter of land owner Late Niranjan Nath Mujoo alias Pandit Qazi for such inclusions/ additions from 1/1/71 to 10/2/82.
4. Apprise crop cultivation (both kharif nd Rabi) from 1/1/71 till date as per records and spot verification.
5. Apprise whether there is any noting in revenue records regarding complaints /appeals/petitions/ stay orders from 1982 to 1986. If yes detail there of.
Page 1
6. Provide order copies on the basis of which mutation no 282,292 nd308 were recorded in revenue records. Also provide orders dt 17/7/85 regarding payment of rent from 1983 onwards.
7. Apprise whether any Levy was sanctioned and deposited by tenants. Provide order copy thereof along with the amount deposited and date of deposition.
8. Mutation 292 (rejection of resumption claim under sec 7 of ARA 1976) was based on decree order no 153 dt 3/5/79. Provide a copy of the decree order. Also provide a copy of case hearing dates and all papers/documents on record including statements/arguments/ written statements on the basis of which mutation was sanctioned.
9. Mutation 292 is based on land held under survey no 308,309 and 310 in various names including Sh Niranjan Nath Mujoo alias Pandit Qazi. Accordingly provide full details of land under survey no 308,309 nd 310 (Name of all co owners respective shares of all co owners in land under each survey no nd cropping pattern of each survey no from 1/1/1971 till 1986.
10. If answer to 9 is YES Provide details of land owned by co-owners other than shown in survey no 308,309 and 310. (Survey no, land holding and cropping pattern of each co-owner).
11. Apprise action initiated under ARA 1976 in respect of land held by other co-owners on land held by them other than in 308,309 and
310. Apprise date of action on such land under sec 4,7 nd 8 of ARA 1976 with order copies thereof.
Apprise basis of change of ownership of land held by co owners except land under survey no 308 to 310."
The CPIO/Addl. Dy. Commissioner, Pulwama vide letter dated 14.09.2023 replied as under:-
"1) In reply to Para 1 & 2, the copy of Jamabandi 1970-71 extract and Girdawari 1968 is enclosed.
2) In reply to Para 3, copy of Mutation No. 282 (Section 4) and 308 (Section 8) has already been provided to the information seeker vide this office communication No: TR/OQ-22/267 dated 31/05/2022 (copies of same mutation no.s are enclosed herewith for ready reference).
3) In reply to Para 4 is given in Para 2 supra, wherein type of crop mentioned in the said extract from 1997 till date the Girdawari extract is enclosed, clearly depicting the type of crop cultivation in the jins (xx) column of the said extract.
4) In reply to para 5, there is a mention of stay order of Hon'ble Apex Court in the proceeding of mutation No. 292.
5) In reply to para 6, the said mutations have been attested as per provisions of section 4, 7 and 8 of Agrarian Reforms Act 1976 respectively.
6) In reply to para 7, a mention of levy amounting to Rs 8057.50/-
deposited by the tenants into Govt, account No. PLG-516/5 dated:
04/04/1984 maintained in J&K Bank is given in mutation No. 308 (section 8 ARA)
7) In reply to Para 8, the copy of mutation No. 292 as available with the authorities as well as uploaded in J&K Land Records website, is enclosed.
Page 2
8) In reply to para 9, extract of Jamabandi 1970-71 and Girdawari 1968 for survey No. 308, 309 and 310 is enclosed for ready reference.
9) In reply to para 10, details are given in revenue extracts as provided for para 9 supra.
10)The said para stands already replied by this office in reply to his online grievance bearing ID 999002895061 on LG Grievance Portal (copy of same is enclosed) Furthermore, as per the provisions of RTI Act, such of the information can be provided to the information seekers us is available with the authority as the Public Authority under RTI Act is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. Only such information can be had under the Act which already exists with the Public Authority."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.09.2023. The FAA vide order dated 09.11.2023 stated as under:-
"From the perusal of the basic RTI application and the report furnished by PIO (Addl. Deputy Commissioner) Pulwama it seems that the Appellant was desirous of seeking information with regard to some 11 points in respect of land under Survey No. 271 situated at village Putrigam Tehsil Rajpora recorded in the name of father of appellant namely Niranjan Nath Mujoo.
The report of PIO (Addl. Deputy Commissioner) Pulwama is taken on record which reflects that "The information received from Tehsildar Rajpora vide No. TR- OQ-23/263 dated:- 31-08-2023 has been already forwarded to information seeker vide his office communication No. DCP/PIO/RTI/71-72 dated:-14-09-2023".
The Public Information Officer (Addl. Deputy Commissioner Pulwama) seem to have got certain information prepared from subordinate staff and provided the same to the information seeker on 14-09-2023. Actually, the request of the Appellant was to be considered in right earnest as per the availability of requisite information in the office of Public Information Officer/Assistant Public Information Officer. Besides there is also some delay involved in disposal of the request which shall not be repeated in future.
In the circumstances, the instant appeal is disposed of with the direction to Public Information Officer (Addl. Deputy Commissioner) Pulwama to go through the contents of the basic RTI Application again and provide requisite/ balance information to the Appellant, if not provided already whatever is available in his office within 10 days positively.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 3 Written submission has been received from the Appellant and same has ben taken on record for perusal.
Written submission dated 12.06.2025 has been received from CPIO, O/o Deputy Commissioner Pulwama. The relevant extract whereof is as under:
"..In this connection a fresh/detailed report has been sought from Tehsildar Rajpora, which reveals that "As per the ownership column of jamabandi for the year 1970-71 for village Putrigam Survey No.271 comprising of land measruiong 29 K 6 M recorded in the name of Brij Lal adopted son of Mst Vishi Malli (half Share) & Mohal Lal adopted son of Ganesh Das (half Share) Pandit Qazi R/o's Putrigam. As per the occupation column of said Jamabandi Mohan Lal (share holder) has gifted land measuring 23K 3 M in favour of Niranjan Nath & Land measuring 1K 14M in favour of omkar Nath & 4K 9m in favour of Arjan Nath sons of Mohan Lal bearing survey No.271, and the whole land is under the occupation( Ba-Kasht) of Aziz S/o Ismal Ganie R/o Zagigam as protective tenant. After that as per the mutation No.282 Sec (4) Agrarian Reforms Act 1976) dated 08/02/1982, land measuring 29 K 06 Marlas has been devolved in the name of Aziz S/o Ismail Ganie (17K 6M) and Gani, Ali & sona sons of Mohd Thokar R/o Zagigam (Gulzarpor) (12K) as prospective owners. By virtue of Mutation No.292 dated 19/11/1983 attested under sec 7 of Agrarian Reforms Act 1976 by the then attesting officer order of said mutation also reveals that the stay order and the order disposing Writ petition filed before Hon'ble Apex Court produced before the then Attesting Authority and the same was taken on file by the said competent attesting Authority and decided accordingly, thus rejecting resumption form (5) filed by ex-owners. Subsequently on 20/12/1984 mutation No. 308 (Sec 8 Agrairain Reforms act 1976) stands attested by the then competent attesting authority stands attested by the then competent attesting authority in favour of Aziz S/o Ismal Ganie (17K 6M) & Gani, Ali & Sona sons of Mohd Thokar R/o Zagigam (12 Kanals) as absolute owners and onspot the said land is under their possession & occupation.
As per the Jamabandi for the year 2019-20 land measuring 17K 6M under survey No. 830/271 is recorded in the name of Aziz S/o Ismal Ganie and 4K in the name Sona S/o Mohda & 4K in the name of (Mst Shaheena Khana Nasheen Daughter of Ali Thokar) & 4K under survey No. 831/271 in the name of Mst Basheera adopted daughter of Gani Thokar R/o Zagigam and the whole land is under the occupation & possession of Aziz S/o Ismal Ganie & Ors as per mutation..."
Facts emerging in Course of Hearing:
Appellant: Present through video conferencing.
Respondent: Mohd. Ashraf Sheikh, Addl. Deputy Commissioner, Pulwama- participated in the hearing through video conferencing.
Page 4 The Appellant stated that complete information as sought in the instant RTI Application has not been furnished by the PIO. He stated that copies of orders on the basis of which mutation was recorded as sought in the instant RTI Application has not been provided by the PIO.
The Respondent reiterated the averments made in their written submission and stated that as per their official record the land relating to which information has been sought is not in the name of the Appellant.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission and the supporting documents filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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