Central Information Commission
Rajinder Mujoo vs Revenue Department Ut Of J & K on 25 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/2024/617482
Shri Rajinder Mujoo ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Revenue Department UT of J & K ...प्रनतवािीगण /Respondent
Date of Hearing : 17.06.2025
Date of Decision : 20.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 25.09.2023
PIO replied on : - -
First Appeal filed on : 29.02.2024
First Appellate Order on : - -
2ndAppeal/complaint received on : 21.04.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 25.09.2023 seeking information on the following points:-
1. "Please apprise the present position of all three appeals/petitions as detailed above
2. Apprise present position of all stay orders ordered against (Mutation no 282 stay order no JARC/APP/514 dt 26/3/84; Mutation no 292 dt 9/11/83 Stay no JARC/APP/515 dt 28/3/84 nd Mutation no 308 dt 20/12/84 Stay no JARC/APP/85/437 dt 20/5/85 (Photo Copies of above stay orders annexed for your ready reference).
3. In case appeals have been decided nd stay orders vacated please furnish certified copies of such orders (if any).
4. Provide attested copies of all papers filled in all three appeals/petitions along with appeal copy nd annexures attached with appeal, recorded statements along with annexures with recorded statement, in nutshell available papers in all three appeals/petitions.
5. Please apprise when Hon'ble Supreme Court of India vacated stay order of 1982 on petition filed against Agrarian reforms act 1976. Copy of vacation of stay order be provided."
Dissatisfied with the non-receipt of information from the CPIO, the Appellant filed a First Appeal dated 29.02.2024 which was not adjudicated by the FAA as per available records.
Page 1 of 3Vide a letter dated 18.03.2024, the Appellant had been informed by the O/o Regional Director Survey and Land Records, North Kashmir that no such records as sought by the Appellant have been found in the concerned section of the office.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the Appellant wherein he has mentioned that after filing of the Second Appeal on 26.04.2024, he received PIO's reply dated 04.04.2024 and FAA's order dated 28.05.2024.
The CPIO, O/o Financial Commissioner (Revenue) sent written submission dated 13.06.2025, relevant extracts whereof are as under:
"..The appellant, Sh. Rajinder Mujoo, vide RTI application dated 25.09.2023, (received on 29.05.2024 in this office) sought information pertaining to appeals filed by his late father, Sh. Niranjan Nath Mujoo, during the period 1982-1985, under the J&K Agrarian Reforms Act, 1976, against Mutation Nos. 282, 292, and 308 in respect of land falling under Survey No. 271, village Patrigam, District Pulwama. Upon careful scrutiny, it was ascertained that the over Four decades old matter pertained to appeals adjudicated in the 1980s before the then Joint Agrarian Reforms Commissioner, Kashmir, a post which stood re-designated as Regional Director, Survey and Land Records Baramulla vide Govt Order No.1194-GAD of 2013 dated 23.08.2013 & Order No. FC (Adm) 209 of 2013 dated 25.10.2013 (copies attached). In good faith and in accordance with Section 6(3) of the RTI Act, 2005, the application was transferred to the Regional Director, Survey Records, Baramulla (Ex-Officio Joint Agrarian Reforms Commissioner, Kashmir), vide letter No. FC (Cord-RTI)/7304069 dated 06.10.2023, for further necessary action, as that office was the lawful custodian of records in such matters. Further vide Order No.818/Jt/FC/AP dated 28.05.2024 (copy enclosed the FAA also held that the reply stands filed in the matter.
2. Position of this Office Regarding Record Availability. It is respectfully submitted that this office does not retain or maintain archive files of the appeal proceedings filed before the erstwhile Joint Agrarian Reforms Commissioner, Kashmir, particularly in matters originating from the Pulwama District, which fall under the Kashmir Division. Due to territorial jurisdictional boundaries and record custody protocols, such files if still extist- are presumed to have been retained by the respective appellate offices in Kashmir (now under the charge of the Regional Director, S&LR, Baramulla), as per the mandate of Order No. FC (Adm) 209 of 2013 dated 25.10.2013."
Written submission dated 16.06.2025 has been sent by the office of the Regional Director Survey and Land Records, North Kashmir reiterating the response dated 18.03.2024 sent already to the Appellant informing him about non existence of requisite information.
Hearing was scheduled after giving prior notice to both the parties.
Page 2 of 3Appellant: Present through video conferencing. Respondent: Mohd. Ashraf Sheikh, Addl. Deputy Commissioner, Pulwama- participated in the hearing through video conferencing.
The Appellant stated that complete information about the appeals filed by him Joint Agrarian Reforms Commissioner, Kashmir by his father against three specific mutation orders has not been provided to him. Alleging deliberate harassment by the Revenue officials, the Appellant stated his dissatisfaction of being denied the information sought by him.
The Respondent- CPIO, O/o Financial Commissioner, Revenue, J&K reiterated the averments made in the aforementioned communication dated 13.06.2025 and stated that as per their official record the land relating to which information has been sought is not available with the O/o Financial Commissioner, Revenue.
Decision:
Examination of records and averments of parties made during hearing, indicate that the Appellant's queries had been appropriately answered by the concerned PIOs. The written submission and the supporting documents filed by the Respondents are comprehensive and self-explanatory in nature. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. Upon perusal of the records of the case, Commission directs the i) PIO, O/o Financial Commissioner, Revenue, J&K and ii) PIO, Regional Director Survey and Land Records, North Kashmir to furnish a copy of their respective written submissions dated 13.06.2025 and 16.06.2025 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.
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 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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