Owais Adil Parray – Appellant
Versus
Union Territory of J&K – Respondent
Judgment
Ali Mohammad Magrey, J.—This LPA has been filed against the judgment and order dated 27.04.2022 passed by the learned Single Judge in writ petition, WP(C) No.935/2021, declining the relief prayed for by the appellant therein.
2. The private parties to this lis have been engaged in this litigation for quite some time. The dispute pertains to land measuring 3 Kanals falling in Survey no.318 min Khewat no.37 (01 Kanal and 10 Marlas) and Survey no.319 min Khewat no.56 (01 Kanal and 10 Marlas) situated in estate Watduru, Galwanpora, Tehsil, Budgam. Respondents 8 to 10 herein claim to have purchased the aforesaid land through sale deeds executed on 07.10.1991 and 07.09.1993, respectively. It is seen that in the first round of litigation before this Court, the private respondents 8 to 10 herein on 31.07.2018 filed writ petition, OWP no.1454/2018, alleging therein that there was a huge chunk of land which was in illegal occupation of some people, including land mafia in the area and that these people, having patronage of the official respondents therein, namely
: Demarcation of land – Once land is identified and defined, its limits are automatically defined.
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 ....
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
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 Deputy Commissioner's actions were found to be in compliance with the MLR & LR Act and Rules, and substantial compliance with the principles of natural justice. The court declined to interfere wi....
Point of law: Every appeal preferred after expiry of period specified in Sec. 5-A, of Act shall be accompanied by a separate application for condonation of delay supported by an affidavit sworn to by....
Revenue authorities have no jurisdiction to adjudicate upon disputed questions of title to immovable property or issue/cancel patta when a civil suit concerning the same property title is pending bef....
The exercise of administrative powers under the Karnataka Land Revenue Act must occur within a reasonable time frame to protect property rights.
Amended Section 163(3) grants revenue officer discretion ('may') to act as civil court on adverse possession plea; mere unsubstantiated assertion without evidence does not mandate conversion.
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