JAVED IQBAL WANI
Jagjit Singh – Appellant
Versus
Union Territory of J&K – Respondent
ORDER :
1. The issues involved in the instant petitions are analogous and akin to each other as such, are disposed of by this common judgment.
2. The petitioners, in the writ petition-WP(C) No. 2546/2021, have prayed for the following reliefs:
(ii) Further writ of prohibition directing the Tehsildar Pargwal proceeding in any manner qua the land stated supra on the instance of private respondent against the petitioners.
AND i
The main legal point established in the judgment is that the violation of the principles of natural justice renders an order legally unsustainable.
The main legal point established in the judgment is that belated appeals without sufficient cause can be rejected, and the jurisdiction of the Tribunal in exercising revisional power is limited.
The authority to cancel mutation orders is quasi-judicial and must be exercised in accordance with the principles of natural justice.
A petitioner cannot pursue a new writ petition regarding land already contested in previous legal actions, emphasizing the need for resolution of prior matters.
The court emphasized the necessity of adhering to principles of natural justice, ruling that orders affecting rights must not be issued without providing affected parties an opportunity to be heard.
Prevention of encroachment on common land - Absence of any such order from competent authority qua acceptance of offer made for seeking exchange of land, attestation of mutations, on this count alone....
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's decision emphasized the importance of upholding orders based on reports submitted by relevant authorities and the limited scope of interference under Article 227 of the Constitution of In....
The court upheld the jurisdiction of revenue authorities under the Jammu and Kashmir Agrarian Reforms Act, affirming their findings on land ownership and possession as valid and within their competen....
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....
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