Fraud vitiates all solemn acts; any order obtained through fraud is a nullity and can be questioned at any time.

JUDGMENT

1. During the pendency of the writ petition bearing OWP No. 1799/2017, wherein the order dated 13.10.2017 passed by the respondent No.2 directing the respondent No.4 to conduct de novo enquiry was impugned, the respondent No. 4 conducted de novo enquiry and passed the order dated 18.08.2020, which has been impugned by the petitioners in WP(C) No. 1841/2020. Both these writ petitions are being disposed of by a common judgment.

2. Brief facts necessary for disposal of these writ petitions are that the respondent Nos. 6 to 10 had filed a revision petition against mutation No. 218 dated 22.09.1967, by virtue of which, land measuring 14 Kanal 18 Marlas comprising Survey No. 10/307 and land measuring 7 Kanal 1 Marlas comprising Survey No. 11/307 (total measuring 21 Kanal 19 marlas) situated at Village Jagatpur, Tehsil and District Kathua was mutated in favour of predecessor-in-interest of the petitioners, namely Surinder Singh S/o Bir Singh and Surjit Singh (now deceased), Jashpal Singh & Jagjit Singh Sons of Puran Singh in equal proportion i.e. ½ share. During pendency of revision petition, Surinder Singh died and he was substituted by the petitioners as his legal representatives. The revision was allowed by the Divisional Commissioner vide order dated 13.10.2017. It is stated that the forefathers of the petitioners were non camp refugees, and they occupied the State land measuring 14 Kanal 18 Marlas comprising Survey No. 10/307 and land measuring 7 Kanal 1 Marlas comprising Survey No. 11/307 (total measuring 21 Kanal 19 marlas) situated at Village Jagatpur, Tehsil and District Kathua. The abovementioned land was allotted to the forefather of the parties under Government order No. 578-C of 1954. It is also stated that though the land of the custodian measuring 14 Kanals comprising survey No. 164 was allotted to them, but its possession was never given to the forefathers of the parties. The total land measuring 21 Kanals remained in possession of forefathers of the parties. It is further stated that father of the respondent Nos. 5&6 namely-Puran Singh died prior to attestation of mutation No. 218 on 22.09.1967. The husband of respondent No. 7 and father of respondent Nos. 8 to 10 died in the year 2002, and respondent Nos. 7 to 10 inherited the estate of the deceased Surjit Singh and mutation of inheritance was attested on 22.05.2002. The predecessor-in-interest of the petitioners on 18.05.2013 filed an application for partition of above- mentioned land before respondent No. 4 and respondent No. 4 vide its order dated 15.01.2014, allowed the application of predecessor-in-interest of the petitioners and directed the private respondents to handover the possession of excess land occupied by them to the predecessor-in-interest of the petitioners. After an order of partition was passed by the respondent No. 4, the private respondents on 12.05.2014 filed a revision petition against the mutation No. 218 after 46 years against the predecessor-in- interest of the petitioners before respondent No. 2 and the respondent No. 2 vide order dated 13.10.2017, allowed the revision by setting aside the mutation No. 218 and remanded the matter to respondent No. 4 for conducting de novo enquiry.

3. The petitioners have assailed the order dated 13.10.2017 (for short "the impugned order‟) on the following grounds:-

(a) That perusal of mutation No. 218 dated 22.09.1967 reveals that the husband of respondent No. 7 and father of respondent Nos. 8 to 10, namely, Surjit Singh S/o Puran Singh, elder brother of respondent Nos. 5 and 6 was present at the time of attestation of mutation.

(b) That the respondent Nos. 5 to 10 had knowledge of the attestation of mutation in the year 1967 and after the demise of Surjit Singh in the year 2002, mutation of inheritance bearing No. 415 in respect of his share came to be attested in favour of respondent Nos. 7 to 10 on the basis of mutation No. 218.

(c) That the respondent No. 2 has not gone through the impugned mutation