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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
JAVED IQBAL WANI, J.
Jagjit Singh - Appellant
Versus
Union Territory of J&K – Respondents
WP(C) No. 2546 of 2021, CM No. 8787 of 2021, c/w WP(C) No. 1456 of 2022, CM No. 4034 of 2022
Decided on : 22-03-2024
Natural Justice - Land Dispute - Agrarian Reforms Act, 1976 - Section 4, Section 8 - The court set aside the impugned order dated 09.07.2021 as it was passed without issuing any notice to the petitioners and without affording them an opportunity of hearing. The violation of the basic fundamental principles of natural justice rendered the impugned order legally unsustainable.
Fact of the Case:
The petitioners challenged the impugned order dated 09.07.2021, alleging that it was passed without issuing any notice to them and without affording them an opportunity of hearing.
Finding of the Court:
The court found that the impugned order violated the basic fundamental principles of natural justice by not issuing any notice to the petitioners and not affording them an opportunity of hearing.
Issues: The main issue pertained to the violation of the principles of natural justice in the passing of the impugned order.
Ratio Decidendi: The court held that a judicial, quasi-judicial, or statutory authority must issue a notice to the affected party and afford them an opportunity of hearing before passing an order adversely affecting their rights and interests.
Final Decision: Both the petitions succeeded, and the impugned order dated 09.07.2021 was set aside. The court disposed of the case along with connected applications.
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 in the writ petition-WP(C) No. 1456/2022, 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.
3. The petitioners, in both the petitions, have questioned order dated 09.07.2021 (for short, ‘the impugned order’) passed by the Deputy Commissioner- Jammu-respondent 2 herein on the premise that their predecessor-in-interest S. Harnam Singh had been in cultivating possession of the land covered under khasra No. 135 measuring 02 Kanal 19 marlas, khasra No. 139 measuring 01 kanal 17 marlas, khasra No. 140 measuring 03 kanal 12 marlas, khasra No. 172 measuring 01 kanal 12 marlas (total 10 kanals) and khasra No. 139 measuring 02 kanal 01 marla, khasra No. 143 measuring 03 kanals 11 marlas, Khasra No. 113 measuring 02 kanals 08 marlas, khasra No. 128 measuring 08 kanal 01 marlas (total 16 kanals and 01 marlas) situated at Chak Phagwari, Tehsil at present Pargwal (earlier Akhnoor), District Jammu.
4. It is being stated that mutation No. 39 under Section 4 of the Agrarian Reforms Act, 1976 dated 16.03.1981, mutation No. 57 dated 23.09.1989 and mutation No. 59 dated 28.09.1989 both under Section 8 of the Agrarian Reforms Act, 1976 came to be attested in favour of said S. Harnam Singh, aggrieved whereof the private respondent 4 herein assailed the said mutations in an appeal before the Joint Agrarian Reforms Commissioner, Jammu wherein the said mutations came to be set aside in terms of order dated 02.11.2016 whereafter the petitioners herein preferred a revision petition before the Jammu and Kashmir Special Tribunal, Jammu, which came to be disposed of in terms of order dated 11.12.2013 directing holding of a denovo enquiry by the Tehsildar Pargwal-respondent 3 herein in presence of the interested parties, Village body and passing of an appropriate order.
5. It is being next stated that after the remand order passed by the Tribunal d
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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