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2018 Supreme(J&K) 484
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Tashi Rabstan, Sanjay Kumar Gupta, JJ.
Villagers of Village Janglote & anr. - Appellant
Vs.
Financial Commissioner & ors. – Respondents
LPAOW No.91 of 2013 c/w LPAOW No.72 of 2014
Decided On : 29-09-2018
For the Appellant :Mr. Rahil Raja, Advocate.
For the Respondent:Mr. H.A. Siddiqui, Sr. AAG, Mr. R.K. Jain, Advocate, Mr. B. S. Salathia, Sr. Advocate with Ms Meenakshi Salathia, Advocate, Mr. M. K. Bhardwaj, Sr. Advocate with Mr. Ajay Abrol, Advocate
The main legal point established in the judgment is that the allotment and subsequent sale of the land violated the Displaced Persons Rules of 1954, and the court upheld the order of the Deputy Commissioner, directed the State to take control of the land, and ordered the re-investigation of the matter by the Vigilance Organization.
Headnote:
Land Allotment - Disputed Land - Displaced Persons Rules of 1954, Rule 1, Rule 5(1), Rule 15(1), Government Order No.254 of 1965 - The court allowed LPAOW No.72/2014 and set aside the judgment of the Writ Court and the Financial Commissioner. The court upheld the order of the Deputy Commissioner, Kathua, directing the State to take control of the land-in-question, secure it, and dismantle any unauthorized construction. The court also directed the Collector/Deputy Commissioner, Kathua, to revive and decide the pending appeals on merits within three months. The court ordered the Vigilance Organization to re-investigate the matter and file a fresh Challan before the competent Court of Law, making the beneficiaries of the land-in-question co-accused. LPAOW No.91/2013 was dismissed.
Fact of the Case:
The case involved the disputed allotment of state land to a displaced person, which was subsequently sold to third parties. The Vigilance Organization filed a case against the revenue officers for illegal allotment. The State filed a writ petition challenging the order of the Financial Commissioner, which was dismissed by the Single Judge. The State and the villagers of Village Janglote filed appeals against the judgment.
Finding of the Court:
The court found that the allotment of land to the displaced person and subsequent sale to third parties violated the Displaced Persons Rules of 1954. The court upheld the order of the Deputy Commissioner, directed the State to take control of the land, and ordered the re-investigation of the matter by the Vigilance Organization.
Issues: The main issues were the legality of the land allotment, the authority of the Financial Commissioner to entertain a revision petition, and the maintainability of the appeals.
Ratio Decidendi: The court held that the allotment and subsequent sale of the land violated the Displaced Persons Rules of 1954. The court also found that the Financial Commissioner exceeded its limits and the Single Judge erred in dismissing the writ petition. The court allowed LPAOW No.72/2014, dismissed LPAOW No.91/2013, and directed the re-investigation of the matter by the Vigilance Organization.
Final Decision: The court allowed LPAOW No.72/2014, dismissed LPAOW No.91/2013, upheld the order of the Deputy Commissioner, directed the State to take control of the land, and ordered the re-investigation of the matter by the Vigilance Organization.
Tashi Rabstan, J.
1. The instant two Letters Patent Appeals, viz., LPAOW No.91/2013 filed on behalf of villagers of Village Janglote and anr; & LPAOW No.72/2014 filed on behalf of State and anr., are directed against the judgment and order of learned Single Judge dated 04.09.2013 passed in OWP No.734/2005, whereby, while dismissing the writ petition, the learned Single Judge held the order of Financial Commissioner to be legally correct.
2. Since both these appeals have arisen out of a common judgment involving common question of facts and law, as such the same were considered and heard together and are being decided by this common judgment.
3. The facts-in-brief, as gathered from the writ record as well as appeal files, are that one Paras Ram, who was stated to be a resident of Chamb area, now in the illegal occupation of Pakistan, became a refugee in the year 1971 and lived in a Refugee Camp. His family consisted of three members, viz., Paras Ram (self), Kashmiri Lal (son) and (daughter). It is claimed that he occupied a portion of State land measuring 48 kanals covered under Kh. No.803/1 situate at Village Janglote, Tehsil Kathua. After the death of Paras Ram, the said chunk of land, as claimed, remained in the physical cultivating possession of his son Kahmiri Lal. Application moved by him to Assistant Commissioner, Kathua, that this piece of land be formally allotted to him as per rules and orders, was forwarded to Tehsildar, Kathua for processing the case of allotment of land. The Tehsildar called a report from the field agency through Naib Tehsildar and, on enquiry, it was found that as per revenue record, Khasra Girdawari of aforesaid piece of land was in the name of some Sh. Parveen Kumar, Sh. Lokesh Kumar 16 kanals, Sh. Rajesh Kumar 16 kanals and Sh. Naik Mohd. 16 kanals. And, when the aforesaid persons were contacted, they have categorically deposed in their affidavits that they are not in possession of said land, rather this land is in the physical possession of Kashmiri Lal. A detailed report was finally sent to Tehsildar, Kathua. After taking into consideration the report received by the Tehsildar Kathua, the aforesaid land came to be allotted to Kashmiri Lal considering him to be the head of family in terms of Govt. Order No.578/C of 1954 dated 07.05.1954. Thereafter, proprietary rights were also vested in him vide mutation No.1853 under Government Order No.254/C of 1965 dated 07.07.1965, and, in this way, he become the absolute owner of said land.
4. That, thereafter, out of this 48 kanals of land, Kashmiri Lal sold 16 kanals to one Raj Daluja, son of Sh. Daswandi Ram Daluja, resident of Trikuta Nagar, Jammu, Chairman, J&K Educational Society, by a registered sale deed, duly registered by the Sub Registrar Kathua. He also sold another 16 kanals of land to one Ram Paul, son of Girdhari Lal, resident of Village Ladwal Kalan, Tehsil Hiranagar, by a registered sale deed duly registered by the Sub Registrar, Kathua and balance 16 kanals of land was sold to one Sh. Harbans Lal, son of Radha Krishan of village Haripur Brahamana, Tehsil Hiranagar, by way of a registered sale deed duly registered by Sub Registrar, Kathua.
5. As revealed by the records, Raj Daluja, Chairman, J&K Educational Society started construction of a school building on the land so purchased. Thereafter, an FIR No.21/2003 u/s 5(2) P.C Act read with section 161/120-B RPC came to be registered in Police Station, Vigilance Organization Jammu, against the then revenue officers, i.e., (1) Ashok Kumar Gupta, Tehsildar Kathua; (2) S.K. Sharma, Tehsildar Agrarian Reforms; (3) Dewan Singh, Naib Tehsildar; (4) Des Raj, Girdawar Circle IV and (5) Raghuwinder Singh, Patwari Halwa, Janglote, with regard to illegal allotment of 48 kanals of State land after hatching a criminal conspiracy by the above referred accused persons and Letter No.SSP/PRK/03/1035-37/J dated 07.07.2003 was also sent to Deputy Commissioner, Kathua by the Sr. Superintendent of Police,
