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2024 Supreme(J&K) 84

SANJEEV KUMAR
Bhagmal son of Gian Chand – Appellant
Versus
UT of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.V.B.Gupta Advocate
For the Respondent:Ms.Sagira Zaffer Advocate vice Ms.Monika Kohli Sr.AAG Mr.Ajay Sharma Advocate

JUDGMENT :

1. The petitioners are aggrieved of and have assailed an order dated 19.04.2022 passed by the Commissioner Agrarian Reforms(Additional Deputy Commissioner), Kathua[‘the Commissioner’]whereby the Commissioner has dismissed the appeal filed by the petitioners herein along with others against an order dated 19.12.2019 passed by the Assistant Commissioner with powers of Collector Agrarian Reforms, Kathua.

2. Brief facts leading to filing of the instant petition can be summed up in the following manner:

    (a) Land measuring 46 kanals, 14 marlas falling under khasra No. 100/90 situate at village Chak Gokal, Tehsil and District Kathua[‘the subject land’]is an evacuee land and was allotted to father of respondent No.6, namely S. Surjan Singh, a displaced person. Since the subject land was shown in personal cultivation of the displaced allottee in kharief 1971, as such, a mutation under Section 3-A of the J&K Agrarian Reforms Act, 1976[‘Act of 1976’] bearing No. 109 came to be attested in favour of respondent No.6. Though the revenue record continued to reflect S. Surjan Singh and after his death, respondent No.6 in personal cultivation of the subject land, yet, the actual position on

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