Back
SANJAY DHAR
Om Parkash – Appellant
Versus
Union Territory of Jammu and Kashmir, through its Commissioner/Secretary Revenue Department – Respondent
JUDGMENT :
WP(C) No. 2360/2021
1. The petitioners through medium of the present writ petition have challenged order No. DCK/SQ/2021-22/1090-93 dated 17.07.2021 issued by respondent No. 2, whereby respondent No. 2, Deputy Commissioner, Kathua has set aside mutation Nos. 171, 422, 423 and 440 of village Chak Sagta, Tehsil and District, Kathua and restored the land measuring 58 kanals under khasra No. 310/24, situated at village Chak Sagta, Tehsil and District Kathua to the State.
2. According to the petitioners, in terms of mutation No. 457, the ownership rights in respect of land measuring 4 kanals under khasra No. 27 min, situated at village Sakta Chack, Tehsil and District Kathua were attested in favour of the petitioners. Similarly vide mutation No. 171, the petitioners were recorded as tenants at will in respect of land measuring 01 kanal 18 marlas under Khasra No. 24 min, situated in the same village in terms of Government Order No. LD-6/C of 1958, whereafter vide mutation Nos. 422/423, the petitioners were recorded as owners in respect of the aforesaid land in terms of Government order No. S-432 of 1966. It has been submitted that by virtue of the impugned order, respondent No. 2
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 court upheld the legality of mutation under Section 121 of the Land Revenue Act and emphasized the importance of proper authority in attesting mutations.
An appellate revenue authority, in the interest of justice, may pass consequential directions regarding land mutation to align revenue records with a binding, pre-existing, and unchallenged partition....
The main legal point established in the judgment is the importance of availing the statutory remedy under the Land Revenue Act before approaching the court and the principle that a litigant cannot ta....
Remand orders must ensure due consideration of prior judgments in subordination to ensuring parties' rights are preserved in contested claims regarding mutation.
Revenue officers lack jurisdiction to adjudicate title disputes, and entries in revenue records are presumed correct until proven otherwise, emphasizing the need for adherence to statutory authority ....
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
