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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Amrit Kour W/o Late S. Surinder Singh – Appellant
Versus
Union Territory of Jammu and KashmirThrough Commissioner/Secretary, Department of Revenue Civil Secretariat Jammu – Respondent
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
Fraud vitiates all solemn acts; any order obtained through fraud is a nullity and can be questioned at any time.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Fraud vitiates all solemn acts and any instrument obtained through fraud is void.
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....
Writ petitions against mutation orders are maintainable if they violate natural justice or are issued without jurisdiction, reaffirming the need for proper procedural adherence in land revenue matter....
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.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
Mutation proceedings - There is no finding recorded either by Appellate Court or by Revisional Court as to who was in actual possession of property in question and therefore liable to pay revenue to ....
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