ORDER

29.04.2024

01. The orders passed by the Additional Commissioner, Jammu (with the powers of Divisional Commissioner) and that of the Financial commissioner, J&K, Jammu, on 24.06.2013 and 19.03.2014 respectively, which have been challenged in this petition by the petitioner-Gurbaksh Singh. The said orders have been passed on the complaint filed by respondent No. 5-Basu Dev.

02. These orders have been challenged mainly on the ground that the petitioner was not given an opportunity of being heard before passing the Michal Sharma I attest to the accuracy and aforesaid orders, therefore, these orders have been passed in violation of principles of natural justice.

03. Heard learned counsel for the parties and also perused the record.

04. Mr. Basu Dev, S/o Sh. Sain Dass, R/o Chak Khana, Tehsil R.S. Pura, filed a revision petition before the Additional Commissioner (Collector), Jammu, against Mutation No. 71 of Village R.S. Pura.

05. The case of the petitioner is that the respondents constructed shops and an institute on the Government Land and have entered into an agreement to sell with him but have delayed the execution of the sale deed in his favour. The land measuring 3 Marla and 184 Sq. ft. identified as State Land in Khasra No. 62-min situated at R.S. Pura was leased to him for a period of ten years with effect from 11.06.1986 and he subsequently constructed shops on the said land.

06. A mutation was attested by the Tehsildar, R.S. Pura, in favour of Sh. Gurbaksh Singh, conferring upon him the proprietary rights of 15 Marlas of land in the said Khasra under the provisions of Government Order No. 1234/C which pertains to year 1939-AD.

07. The mutation in respect of the said land when attested was vacant and the same was never cultivated by any person on the basis of the said revision petition filed. The learned Additional Commissioner, Jammu (with the powers of Divisional Commissioner), vide order dated 24.06.2013 made a reference to the Financial Commissioner, J&K, Jammu in terms of Section 15(3) of the J&K Land Revenue Act, 1996 (1939-AD).

08. The record of the Additional Commissioner, Jammu, would reveal that the notice was issued to the respondent and the record would further Michal Sharma I attest to the accuracy and reveal that the said notice was served upon Sh. Gurbaksh Singh and report to this effect is on the file which has been submitted by the Tehsildar, R.S. Pura, therefore, ground taken by the petitioner that order passed by the Additional Commissioner, Jammu, without serving him a notice is against the record, as the order was passed after serving him a notice. The order passed by the Additional Commissioner, Jammu, on 24.06.2013, is reproduced as under:

“This is a revision petition preferred against mutation no 71 of Village R.S Pura wherein the appellant has alleged that he had entered into an agreement with the respondent to sell the property raised on Govt land in question but the respondent is not executing the sale deed and further prayed that the mutation be quashed which has conferred the proprietary rights over 15 Mls land under the provisions of Govt. order 1234/C in favour of the respondent No. 1 The case file was examined. A piece of land measuring 03 marlas and 184 sft. was leased in favour of Gurbax Singh S/o Sewa Singh for a period of ten years in 1985. The period of lease expired in 1995 and thereafter was never renewed. Gurbax Singh manipulated by getting the ownership rights over 15 marlas of State land ( including the leased land taken earlier) falling under khasra No.62 min under Govt. Order No 1234/C through mutation no.71 attested in his favour by the Tehsildar in the year 1999 The said state land was leased in favour of the respondent no.1 measuring 03 marlas and 184 sft. in the year 1985. The land in question was not subsisting with the lessee after 1995 and was never renewed thereafter. Later on, land measuring 15 marlas was mutated in his favour under the provisions of 1234/C inclusive of 3 mar