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2024 Supreme(J&K) 64

VINOD CHATTERJI KOUL
Talib Hussain, S/o Wazir Mohd – Appellant
Versus
UT of J. &K. through Commissioner Secy. , Revenue Deptt. , Civil Secretariat, Srinagar/Jammu – Respondent


Advocates Appeared:
For the Petitioners: Mr. Abrar Ahmed Khan.
For the Respondents: Mrs. Monika Kohli.

JUDGMENT :

1. The petitioners are aggrieved of the order passed by the respondent No. 2-Deputy Commissioner, Poonch on 23.01.2023, whereby he has cancelled the mutation No.788 dated 13.01.2010 of Village Sheindara, Tehsil Haveli, holding that the same is void ab initio. The petitioners are seeking quashment of the said order precisely on the ground that the same has been passed by the respondent No.2 without having jurisdiction and without giving petitioners an opportunity of being heard. The mutation in question was attested on 13.01.2010. The respondent No. 2 has held that the mutation has been attested against the provisions of Government Order No. LB-6/C of 1958. The order impugned is reproduced as under: -

    “UNION TERRITORY OF JAMMU & KASHMIR

Office of the Deputy Commissioner, Poonch

Sub:-Cancellation of Illegal Mutation No. 788 of Village Shiendara

Whereas, Tehsildar Haveli vide his Communication No.TH/OQ/ 2402 dated 17.01.2023 has reported that in village Sheindara of Tehsil Haveli, District Poonch, Mutation No. 788 dated 13.01.2010 has been attested illegally on State land bearing Khasra No. 129 under the provisions of Government Order No. LB-6/C of 1958 in favour of illegal

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