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Suman Bansal – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
1. The petitioner claims to be owner in possession of land admeasuring 3 kanals and 4 marlas comprised in Khasra numbers, detail whereof is given in paragraph No. 3 of the petition, situated at Chowadi Teshil Bahu District Jammu. The petitioner claims that the aforesaid land was purchased by her in November, 2007 from different erstwhile owners by way of sale deeds duly executed and registered. The land also stands mutated in the name of the petitioner in the revenue record.
2. It is submitted that since the subject land is a prime land and, therefore, there had been several attempts by the State as well as private individuals to lay claim thereon. The Crime Branch of the State even registered an FIR bearing No. 06/2009 on the allegation that the petitioner had encroached upon the State land but upon investigation, the claim was not substantiated and a closure report was filed by the Crime Branch, which was accepted by the Court. It is submitted that on 24.08.2019, the Deputy Commissioner, Jammu along with a team of officers and police came on the land of the petitioner and forcibly and in total disregard of law not only demolished the boundary wall erecte
Land dispute - Disputed questions of fact - Remedy available to the petitioner under the Land Revenue Act for seeking identification and demarcation of the land.
The main legal point established in the judgment is the necessity of demarcation and identification of land as a condition precedent for invoking Section 95 of the Land Revenue Act, and the power of ....
: Demarcation of land – Once land is identified and defined, its limits are automatically defined.
The appellant/petitioner authority must establish locus standi by demonstrating that the subject land was part of the land transferred to them by the State to challenge the allotment and mutation.
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
The court ruled that disputes regarding land possession and ownership require establishment of facts through appropriate statutory remedies, not simply through writ petitions.
Revenue authorities cannot deliver possession of land or resolve title disputes without a competent court's order, emphasizing the need for judicial intervention in property rights enforcement.
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