Back
SANJEEV KUMAR
Owais Adil Parray – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. Order of Deputy Commissioner, Budgam bearing No. DCB/SQ/2001/F-916/10037, dated 08.01.2021 is subject matter of challenge in this petition filed by the petitioner invoking extraordinary writ jurisdiction of this court vested under Article 226 of the Constitution of India.
2. The dispute between the petitioner and respondent Nos. 8 to 10 pertains to land measuring 3 kanals falling under Survey No. 318 (1 kanal-10 marlas) and Survey No. 319 (1 kanal and 10 marlas) situated in estate Watadooru Galwanpora Tehsil Budgam. Respondent Nos. 8 to 10 claim that they have purchased land measuring 3 kanals, 1 kanal 10 marlas falling under Khasra No. 319 min khewat No. 56 and 1 kanal 10 marlas falling in Khasra No. 318 min khewat No. 37 situated at Watadooru Galwanpora Tehsil Budgam from vendors, namely Shaban Bhat, Gafar Bhat and Mohammad Wani through sale deeds executed on 7 th October, 1993 and 7 th September, 1993 respectively. In the first round of litigation, respondent Nos. 8 to 10 [hereinafter “private respondents”] preferred OWP No. 1454/2018, which was disposed of by th
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.
Land dispute - Disputed questions of fact - Remedy available to the petitioner under the Land Revenue Act for seeking identification and demarcation of the land.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
The exercise of administrative powers under the Karnataka Land Revenue Act must occur within a reasonable time frame to protect property rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
