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SANJEEV KUMAR
Mushtaq Ahmed Khan – Appellant
Versus
Union Territory of J&K – Respondent
JUDGEMENT/ORDER :
1. The petitioner is aggrieved and has challenged the order dated 11.10.2017 passed by the Financial Commissioner (Revenue), Kashmir in revision petition titled Mushtaq Ahmed Khan v. Hajira and others ["impugned order"].
2. Briefly stated, the facts leading to the filing of the present petition, as projected by the petitioner in the petition, are that the petitioner purchased a piece of land measuring 6 kanal 12 marlas covered under Survey Nos.2164, 2142, 2185, 2200, 2231 and 2232 situated at village Hyhama Tehsil and district Kupwara ["the subject land"] from respondent No.3 and the same was subsequently mutated in the name of the petitioner.
3. Respondent No. 2, it is claimed, in the year 2002 filed an appeal before the Additional Deputy Commissioner, Kupwara challenging mutation No. 1891, dated 01.06.2001 on the ground that respondent No.2 being a khananasheen daughter was entitled to inherit the property of the father of the parties. The appeal was disposed of by the Additional Deputy Commissioner vide its order dated 12.05.2012. The impugned mutation was set aside. Feeling aggrieved, the petitioner filed a revision petition in terms of Section 15 of the Land Rev
The court upheld the legality of mutation under Section 121 of the Land Revenue Act and emphasized the importance of proper authority in attesting mutations.
Mutation is for fiscal purpose and does not confer any right and title in favor of anyone. Order passed in mutation proceedings shall not bar any suit in a competent court for relief on the basis of ....
The main legal point established in the judgment is that mutation entries are only fiscal in nature and do not confer any title in the property, and the final order passed by the Revenue Officer is s....
Revenue mutation based on unchallenged civil court decree and consolidation order cannot be quashed without assailing those foundational documents.
Mutation proceedings under Land Revenue Act are summary, entries serve only fiscal purposes and do not confer title. Writ against such orders not maintainable; title disputes to be adjudicated by civ....
The main legal point established in the judgment is that the cancellation of a mutation must adhere to the principles of natural justice and statutory provisions, and the authority reviewing the muta....
The authority to cancel mutation orders is quasi-judicial and must be exercised in accordance with the principles of natural justice.
The court emphasized the importance of proper exercise of revisional jurisdiction and the need for valid mutations in land disputes.
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