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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL, J.
Ghulam Fatima W/o Sh. Bashir Ahmed - Appellant
Versus
U.T. of Jammu and Kashmir – Respondent
WP (C) No. 2112 of 2023 CM No. 4911 of 2023
Decided on : 12-08-2024
(A) Jammu and Kashmir Big Landed Estates Abolition Act, Svt. 2007 - Section 20-B - Prohibition of transfer of unculturable land - Petitioners sought to quash orders setting aside mutations attested in their favor regarding land ownership - The court found that the impugned orders were issued without providing the petitioners an opportunity to be heard, violating principles of natural justice. (Paras 1, 12, 24)
(B) Natural Justice - The court emphasized that no order affecting rights can be passed without hearing the affected parties - The absence of notice and opportunity to present their case rendered the orders void. (Paras 24, 26)
Facts of the case:
Petitioners claimed ownership of land through duly executed Sale Deeds and mutations, which were set aside by the Deputy Commissioner based on complaints without due process.
Findings of Court:
The court remanded the case to the Deputy Commissioner for a fresh hearing, ensuring the petitioners are given an opportunity to present their claims.
Issues: The main issues were whether the orders were issued in violation of natural justice and whether the land in question fell under the prohibition of Section 20-B.
Ratio Decidendi: The court ruled that the impugned orders were invalid due to the lack of notice and opportunity for the petitioners to defend their rights.
Result: Writ petition allowed.
ORDER
01. Petitioners through the medium of the instant petition seek following relief(s):-
(i) Writ of Certiorari for quashing the order No.DCJ/Rdr/2023-24/181-185 dated 31.07.2023 passed by respondent No. 4, whereby the mutations Nos. 4736 dated 06.03.2019, 4752 dated 20.03.2019, 4747 dated 06.03.2019 and 4768 dated 26.07.2019 attested in favour of the petitioners with respect to the description of land stated in the petition are set aside and declared void-ab-initio.
(ii) Writ of Certiorari for quashing the Corrigendum No.DCJ/Rdr/2023-24/196-2000 dated 31.07.2023, whereby respondent No. 4 has ordered that Khasra No. 5229 figuring in the order dated 31.07.2023 be read as Khasra No. 5230.
(iii) Writ of Certiorari for setting aside all orders of Girdawaris made by the Revenue Field Staff and restoring the land to its original position in furtherance to the order dated 31.07.2023 passed by respondent No. 4.
Brief facts of the case are as follows:-
02. Petitioner No. 1 is the owner in possession of piece of land measuring 04 kanals comprising of Khasra No. 5564-min, Khata No. 5625-min, Khewat No. 21-min situated at Revenue Village Kanger (Bhalwal), District Jammu and the said land was purchased by petitioner No. 1 by means of a duly executed Sale Deed on 21.05.2019, which has been registered by the Court of learned Special Mobile Judicial Magistrate 1st Class, Jammu on 25.05.2019. In furtherance to the sale deed, the mutation No. 4768 dated 26.07.2019 is also attested in favour of petitioner No. 1. The requisite Sale Deed and mutation have been placed on record as Annexure-II.
03. Petitioner No. 2 is the owner in possession of land measuring 05 kanals comprising Khasra No. 5561 falling under Khata No. 707-min, Khewat No. 08- min situated at Revenue Village Kanger (Bhalwal), District Jammu and the said land was purchased by means of duly executed Sale Deed dated 09.06.2018, registered with the Sub-Registrar Municipal Mobile Magistrate, Jammu on the same day. The further fact of the matter is that in pursuant to the Sale Deed, the mutation No. 4752 dated 20.03.2019 was also attested in favour of petitioner No. 2 and the record evidencing the factum of the Sale Deed and mutation have also been placed on record as Annexure-III.
04. It is submitted that the petitioner No. 2 is also the owner in possession of another chunk of land measuring 03 kanals falling under Khasra No. 5561-min, Khata No. 707-min and Khewat No. 8-min situated at Village Kanger (Bhalwal), District Jammu and the said land was purchased vide a duly executed Sale Deed on 29.05.2018 registered with the Sub-Registrar Judicial Magistrate 1st Class, Jammu on 29.05.2018. In furtherance to the Sale Deed, a mutation No. 4747 dated 06.03.2019 was also attested in favour of petitioner No. 2. Copy of the Sale Deed along with mutation has been placed on record as Annexure IV.
05. It is further submitted that petitioners Nos. 3 to 6 are the joint owners in possession of land measuring 25 kanals situated in Village Kanger, Tehsil Bhalwal, District Jammu comprising in Khasra No. 5561-min, Khata No.707- min, Khewat No. 8-min and the said land was purchased by means of duly executed Sale Deed on 11.02.2018 registered on 15.02.2018 by the Court of Learned Sub-Registrar Mobile Magistrate, Jammu. In furtherance to the Sale Deed, a mutation No. 4736 dated 06.03.2019 was also attested in favour of the petitioners No. 3 to 6 on06.03.2019. Copy of the Sale Deed along with mutation has been placed on record as Annexure V.
06. Thus, perusal of the Fard Intkhab issued with respect to the aforesaid pieces of land owned by petitioner Nos. 2 to 6 would show that the type of soil as described in the “Fard Intkhab” is “Gair Mumkin Jaad” (Un-culturable land). However, the “Fard Intkhab” issued with respect to the land measuring 04 Kanals falling under Khasra No. 5564-min, Khata No. 1625-min and Khewat No. 20-min registered in favour of petitioner No. 1 is shown as “Waryal Doem”(Culturable land).
07. Learned
The court emphasized the necessity of adhering to principles of natural justice, ruling that orders affecting rights must not be issued without providing affected parties an opportunity to be heard.
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Deeming provision under Section 122-B(4-F) confers bhumidhar rights on eligible Scheduled Caste landless labourers; ex-parte recalls invalid; no revision against such orders or restorations thereof.
The entitlement to proprietary rights under the J&K Migrant Immovable Property Act, 1997 and the issuance of a writ of mandamus to enforce such rights.
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