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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MOKSHA KHAJURIA KAZMI
Tawab Ahmad Ganai – Appellant
Versus
Revenue(state Government) – Respondent
ORDER :
1. In the instant petition filed under Article 226 of the Constitution, the petitioner herein seeks for the following reliefs: -
By issuance of a writ of Certiorari, the impugned order dated 23.07.2005 (Annexure-C supra) passed by the Deputy Commissioner, Budgam in an Appeal titled Mst. Saja & Ors vs. Tawab Ahmad Ganai & Ors and the order dated 24-01-2018 (Annexure-F supra) passed by the Joint Financial Commissioner (Revenue), J&K Srinagar in Revision titled Tawab Ahmad Ganai vs. Mst. Saja & Ors may be quashed/set aside.
2. The background facts under the shade and cover of which the aforesaid reliefs have been prayed and as emerge from the record are that one Mst. Noori, the predecessor in interest of the petitioner and private respondents herein being their mother, owned landed property measuring 42 kanals covered under Survey No.235 (old) and 465 (new) situated at Chowdhari Gund Chadoora, Budgam whereupon mutation No. 4, dated 20th of November 2003, came to be attested by Naib Tehsildar Chadoora in respect of the said estate of the said Mst. Noori, however, in favour of the petitioner herein and respondent 9 herein excluding the rest of the legal heirs of said Mst. Noori bei
The court affirmed that property distribution must adhere to legal procedures, emphasizing the necessity of proper documentation in mutation attestations.
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.
The judgment emphasizes the importance of specific findings on the plea of limitation and the requirement for sufficient cause for seeking condonation of delay in revision petitions under the Land Re....
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 decision on the validity of mutations in mutation proceedings does not affect the title to the property and is subject to the decree of a civil court.
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