Serial No. 02 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM Nos. 7247/2025 &

7382/2025 Bimla Devi …..Petitioner(s)

Through: Mr. Rajinder Jamwal, Advocate.

Vs UT of J&K & Ors. .….Respondent(s)

Through: Ms. Nazia Fazal, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG Ms. Saliqa Sheikh, Assisting Counsel to Mr. Raman Sharma, AAG.

CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(01.12.2025)

01. From the reading of annexure-1 to the writ petition which is an order dated 23.01.2024 passed by the respondent No. 3- Provisional Rehabilitation Officer (PRO), Jammu who is the respondent No. 3 herein, what comes forth is that Shamsher Singh, petitioner’s father was beneficiary of allotment of land comprised in khasra Nos. 568, 610, 614, 615, 617, 618, 619, 620, 624, 625, 640, 723, 726, 727, 728, 729 & 730 situated at village Rajal, tehsil Nowshera by reference to Government Order No. 578-C of 1954 on the basis of which allotment of the land in the aforesaid khasra number is said to have taken place wherein the petitioner’s father Shamsher Singh had shown his family strength to be of three members including himself as is born out the Form-Alf which has come to be filed alongwith CM No. 7382/2025.

02. Form-Alf bears an over-writing so far as mention of names of family members of Shamsher Singh is concerned. Certified copy of the Form-Alf came to be procured by the petitioner by her name Bimla Devi way back in December, 2011.

03. Death of Shamsher Singh, the petitioner’s father is said to have taken place in the year 1997.

04. The cause of action for the petitioner to come forward with the present writ petition is that the petitioner reckoned interference by the private respondents No. 5 to 8 in the aforesaid khasra numbers and, therefore, an application was made to the respondent No. 3- Provisional Rehabilitation Officer (PRO), Jammu thereby seeking attestation of mutation as being daughter of deceased Shamsher Singh and simultaneously seeking direction for restraining the private individuals from raising any type of construction or alienating the land comprised in the aforesaid khara numbers.

05. In response to the said application of the petitioner, the respondent No. 3-Provisional Rehabilitation Officer (PRO), Jammu passed aforesaid order dated 23.01.2024 directing Tehsildar (Assistant Custodian), Nowshera for taking appropriate action in terms of rule 15-B and after that under section 3-A of the Agrarian Reforms Act, 1976 and till that exercise to be done restraining the non-applicants in the said application for raising any sort of construction are alienating the same.

06. In his said order dated 23.01.2024, the respondent No. 3-

Provisional Rehabilitation Officer (PRO), Jammu has made a purported reference to mutation No. 56 without any reference to date of its attestation procured by one Pareveen Singh who is father of the respondents No. 5 to 7 who got girdawari entries reflected in his name which mutation is said to have been set aside by the Commissioner Agrarian Reforms restoring the entries of the khasra girdawari but later only to be changed again in kharif 2007 by recording Parveen Singh as unauthorized occupant.

07. Pursuant to the direction of the respondent No. 3-Provisional Rehabilitation Officer (PRO), Jammu meant for the Tehsildar (Assistant Custodian), Nowshera to act as directed, the Tehsildar (Assistant Custodian), Nowshera, by virtue of an order No. OQ/NSR/2025-26/145 dated 20.06.2025, came to hold that the possession of the land comprised in the khasra numbers mentioned therein at no point of time was ever with the father of the petitioner which continuous to be the position even at the time of petitioner approaching Tehsildar (Assistant Custodian), Nowshera and, therefore, consigned to record the application of the petitioner referred by the respondent No. 3 with an advice to the petitioner to get possession on spot by seeking correction of the girdawari entries and approach the office for the purpose of attestati