Jammu & Kashmir High Court
Daya Krishan vs Darshan Singh on 1 December, 2023
Author: Rahul Bharti
Bench: Rahul Bharti
15
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(C) No. 2673/2021
CM No. 9100/2021
Daya Krishan, age 66 years,
S/o Sh. Shankar Dass,
R/o Janki Vihar, Janipur, Jammu.
.....Petitioner
Through: Mr. Gagan Kohli, Advocate
Vs
1. Darshan Singh,
S/o Sh. Waryam Singh,
R/o Tope Sherkhania, Tehsil & District,
Jammu.
2. Financial Commissioner (Rev.)
J&K Jammu.
3. Settlement Officer, Jammu.
.....Respondents
Through: Mr. Ajay Singh Manhas, Advocate for R-1.
Mrs. Monika Kohli, Sr. AAG for R - 2 & 3.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
01.12.2023
01. Heard learned counsel for the parties.
02. Through this writ petition an order dated 09.11.2021 on file no. 723-FC-AP passed by the Financial Commissioner (Revenue) UT of J&K, Jammu has been challenged, who came to entertain a revision petition addressed against a purported attestation of mutation no. 10721 dated 29.05.2009 under section 121 of the 2 WP(C) No. 2673/2021 CM No. 9100/2021 Land Revenue Act, Svt. 1996 in terms whereof with respect to one of the khasra numbers as mentioned therein, that is khasra no. 886 min, land measuring 07 marlas otherwise obtaining as shamilat deh hasb rasad khewat has came to be vested in favour of the petitioner.
03. The Financial Commissioner Revenue, UT of Jammu & Kashmir has come to upset the said mutation at the asking of the respondent no. 1 herein. The Financial Commissioner Revenue, UT of Jammu & Kashmir, after taking due notice of the state of things under which the purported mutation has come to be attested, in exercise of the revisional jurisdiction ordered remand of the matter to the Collector (Regional Director Survey & Land Records, Jammu) for a de novo enquiry and passing of fresh orders in accordance with law after hearing both the parties.
04. In terms of the this order, further direction has been given to the Collector (Regional Director Survey & Land Records, Jammu) to enquire into the matter about the non-availability of the Parat Sarkar with respect to said questioned mutation and submit a detailed report to the Financial Commissioner Revenue, J&K by pointing out the officials responsible for dereliction in the matter.
05. In view of the aforesaid, this Court sees no reason to have a different take with respect to the facts and circumstances of the case than what the Financial Commissioner Revenue, UT of Jammu & Kashmir has taken, given the facts and circumstances of the case 3 WP(C) No. 2673/2021 CM No. 9100/2021 and accordingly, this writ petition is held to be without any basis to dislodge the indulgence of the Financial Commissioner Revenue, J&K.
06. Let the requisite de novo enquiring as directed by the Financial Commissioner Revenue, UT of Jammu & Kashmir be conducted by the Collector (Regional Director Survey & Land Records, Jammu) within a period of three months from the date of receipt of certified copy of this order.
07. Copy of this order be sent to the Financial Commissioner Revenue, UT of Jammu & Kashmir for its onward submission to the Collector (Regional Director Survey & Land Records, Jammu) for carrying out the enquiry within the time given. Any further extension of time to complete the de novo enquiry shall be sought by the Collector (Regional Director Survey & Land Records, Jammu) from the Financial Commissioner Revenue, UT of Jammu & Kashmir but in no case the extension of time would last more than three months from the expiry of three months hereby given.
Disposed of.
(RAHUL BHARTI) JUDGE JAMMU 01.12.2023 Muneesh Whether the order is speaking : Yes / No Whether the order is reportable : Yes / No