Jammu & Kashmir High Court
Satyam Gupta And Others vs Ut Of J&K And Others on 17 April, 2023
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Sr. No. 19
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 909/2023
Satyam Gupta and others .... Petitioner/Appellant(s)
Through:- Mr. Joginder Singh Thakur, Advocate
V/s
UT of J&K and others .....Respondent(s)
Through:- Ms. Nazia Fazal, Advocate vice
Ms. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
A short submission which has been made by the learned counsel appearing for the petitioners is that the petitioners are aggrieved of the order passed by the Financial Commissioner Revenue, J&K dated 27.12.2019, by virtue of which, the Divisional Commissioner, Jammu, has been directed to initiate the disciplinary action against the Tehsildar (Mutating Officer) under the provisions of the J&K Classification, Control and Appeal Rules in the light of the fact that he has flouted all the norms required for attestation of mutation for Government Orders referred in the aforesaid order. Learned counsel appearing for the petitioners submits that since the petitioners were interested persons and were required to be heard before passing the aforesaid order, but the order has been passed without providing them any opportunity of being heard and, thus, the same cannot sustain the test of law and is liable to be quashed. Learned counsel for the petitioners further submits that the sale deed was executed on 23.05.2018 and was duly registered in the Court 2 WP(C) No. 909/2023 of Sub-Registrar, Samba and accordingly, the said factum was recorded in the revenue record on 14.06.2018 vide mutation No. 206, which was attested on the basis of the aforesaid sale deed in favour of the petitioners.
The further case of the petitioners is that on 24.02.2023, the petitioner No. 1 has filed an application before concerned Tehsildar to issue the revenue extracts for raising loan against the land measuring 01 kanal 10 marlas. Pursuant to the application filed by the petitioner, it has come to fore that mutation No. 182 passed under Government Order No. 432 of 1966, which was mutated on 12.04.2017 has been cancelled by virtue of the order impugned and the case has been remanded for de novo enquiry to the Tehsildar. Learned counsel for the petitioners further submits that on the basis of aforesaid mutation, the land was sold by the respondent No. 6 to the petitioner No. 1, but from the record of the Patwari, it transpires that the said mutation has been cancelled at the back of the petitioner No. 1. Learned counsel for the petitioners further submits that the order which has been passed by the Financial Commissioner Revenue, J&K is bad and without providing the petitioners any opportunity of being heard as they were interested persons and was required to be heard. Heard learned counsel for the petitioners at length and perused the record.
Prima facie case for indulgence is made out.
Issue notice to the respondents in main petition as well as in application for interim relief.
3 WP(C) No. 909/2023
Ms. Nazia Fazal, learned counsel appearing vice Ms. Monika Kohli, learned Sr. AAG waives notice on behalf of the respondents. She seeks and is granted four weeks' time to file reply.
List on 07.06.2023.
In the meantime, subject to objections and till next date of hearing before the Bench, the operation of the impugned order No. FC 370 of 2018-19 dated 27.12.2019 passed by respondent No. 2 i.e. Financial Commissioner (Revenue), J&K, Jammu shall remain stayed.
(WASIM SADIQ NARGAL) JUDGE Jammu 17.04.2023 Vishal