Back
SANJEEV KUMAR
Bodh Raj – Appellant
Versus
J&K Special Tribunal – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. The petitioners are aggrieved and have called in question order dated 27.08.2003 passed by the J&K Special Tribunal ['the Tribunal'] in the revision petition titled 'Bodh Raj and Ors. v. Naresh Kumar & Anr.', whereby the Tribunal has dismissed the revision petition filed by the petitioners and upheld the order passed by the Director Land Records (with powers of Commissioner Agrarian Reforms), Jammu dated 28.09.1996 in the appeal titled Naresh Kumar v. Bodh Raj.
2. Briefly put the facts projected by the petitioners in this petition are that the land measuring 17 kanals, 12 marlas comprising of khasra No. 28 min (5 kanals) and Khasra No. 30 min (12 kanals, 12 marlas) situated at Gopala Chak, Hiranagar, District Kathua ['the subject land'] was owned by one Ram Lal and was under the cultivating possession of father of the petitioners late Sh. Buddha as tenant thereof. It is submitted that the subject land remained under the tenancy of father of the petitioners till his death and after the demise of said Budha, the father of the petitioners, the petitioners stepped into his shoes and became the tenants in cultivating possession of the subject land. It is the
The court established that actual possession and the integrity of the mutation process are critical in determining tenancy rights and prospective ownership under the J&K Agrarian Reforms Act, 1976.
Fraud vitiates all solemn acts and any instrument obtained through fraud is void.
The finality of mutations under the Agrarian Reforms Act, the requirement to challenge the attestation of mutations, and the invalidity of creating tenancy after May 1973 as per section 13 of the Act....
The court emphasized that findings based on incorrect co-sharer status and unjustified delay in appeals led to a miscarriage of justice, allowing the appeal and setting aside previous orders.
The court emphasized that the order of mutation neither confers nor extinguishes any right of the parties over the land and that the purpose of mutation is only to collect government revenue from a p....
Failure to avail statutory remedies renders a writ petition not maintainable.
Limited scope of judicial review in correcting errors of jurisdiction and manifest errors apparent on the face of the proceedings.
Writ court cannot question validity of unchallenged final prior mutations on tenancy surrender while reviewing tribunal order upholding them against later agrarian reform conferment.
The court emphasized the importance of condoning delay in filing appeals and upheld the decision to set aside mutations based on fraud.
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
