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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAJNESH OSWAL
Zamindaran village Shey Leh through – Appellant
Versus
Financial Commissioner, Revenue, Government of Jammu and Kashmir, Srinagar – Respondent
JUDGMENT :
1. The mutation bearing no. 793 dated 30.10.1987 attested in favour of the private-respondents in respect of land measuring 195 kanals and 5 marlas comprising survey no. 2858 situated at village Saboo Tehsil Leh, came to be assailed by the petitioners through the medium of a revision petition before the respondent No. 1, and it needs to be taken note of, that the revision petition began with the very first averment made in the para- (a) that the petitioners have rights/interests over the land which is pasture of village Shey. The revision petition was preferred on the following grounds:
a) That the impugned mutation has not been attested in conformity with Council Order No. 21-C of 1936 which pertains to lands broken up (Nautor) and the mandate of Standing Order No. 23-A also has not been followed.
b) That the land in question is a grazing ground of village Shey.
c) That the mutation has been attested at the back of the petitioners, as no opportunity of hearing was afforded to the petitioners at the time of attestation of mutation.
2. The revision petition was dismissed by the respondent No.1 vide order dated 10.09.2013, thereby holding that the land which forms the subject m
The court affirmed that the land in question belongs to village Saboo and is not designated as grazing land for village Shey, emphasizing the limitations of its jurisdiction in reviewing factual dete....
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
Failure to avail statutory remedies renders a writ petition not maintainable.
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....
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.
The court affirmed that lands classified as Shamlat Deh cannot be claimed for exclusive ownership without sufficient evidence of independent cultivation prior to 1950.
The Revenue Tribunal must ensure compliance with statutory requirements in mutation proceedings, retaining jurisdiction to review such orders despite disputes over title.
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