An order to protect State land cannot be passed under the revisionary jurisdiction of Section 15 of the J&K Land Revenue Act if no prior case was pending or disposed of, nor can it affect mutated lands without hearing the title holders.

J U D G M E N T

Per Sanjeev Kumar: J

1. This intra-court appeal by the appellants arises from an order and judgement dated 31st of May 2025 passed by the learned Single Judge of this court, [“the Writ Court”] in OWP No. 242/2018, titled Shakoor Ali and Ors. vs. Financial Commissioner and Ors. whereby the Writ Court has allowed the writ petition of the respondents 1 to 7 [‘the contesting respondents”], passed in a revision petition dated 28th of November 2017, titled Villagers/Zamindars of Choolichan, Kargil vs. Mohammad Hassan and Ors.

2. Impugned judgement passed by the Writ Court is assailed by the appellants on multiple grounds. However, before we advert to the grounds of challenge urged by Mr. Reyaz Jan, learned senior counsel appearing for the appellants, it would be worthwhile to state few facts as are germane to the disposal of this instant appeal.

3. The appellants herein, namely Mohammad Hassan and others, are residents of village Silmoon, and village Surchey, of revenue Estate Chulichan, Tehsil and District Kargil, whereas the contesting respondents are all residents of village Choolichan, Tehsil and District Kargil. There appears to be a dispute with regard to a State land adjoining to these two villages.

4. The subject land is a State land measuring approximately 11,000 Kanals, commonly known as Musber Thang, and Thunder Thang. The appellants, apprehending that this big chunk of land may be encroached upon by the contesting respondents, approached the Commissioner, Survey and Land Records, (ex-officio Settlement Commissioner), J&K, Srinagar, by way of a revision petition filed in terms of Section 15 of the J&K Land Revenue Act, Svt. 1996, [“the Act”].

5. The short grievance projected by the appellants before the Settlement Commissioner was that adjacent to their Estate Chulichan, there is a big chunk of State land measuring approximately 11,000 Kanals, which is facing threat of encroachment by the people of neighbouring villages. The residents of the adjoining villages were, however, not made party-respondents. The Settlement Commissioner took cognizance of the revision petition filed by the appellants and sent for a report from the subordinate revenue agency. The Tehsildar in his report stated that Estate Chulichan comprises of six Mohallas, namely Chulichan, Sharchey, Musber, Wachera, Chachythang & Mamak. Some of the Mohallas are presently under occupation of Pakistan and that there is a big chunk of State land measuring approximately 11000 kanals. Taking into consideration the report submitted by the field revenue agencies, the Settlement Commissioner, came to the conclusion that a big chunk of State land needs to be protected against encroachment.

Consequently, vide order dated 14th of February 2017, the Settlement Commissioner disposed of the revision petition with a direction to the subordinate revenue agencies to ensure that no illegal encroachment or change of title of land takes place in respect of the subject land. A further direction was issued by the Settlement Commissioner to the District Administration and other authorities for development of the State land in a manner that would have a positive impact upon the villagers in particular and the whole State in general. This order of the Settlement Commissioner dated 14th of February 2017 was called in question by the contesting respondents herein before the Financial Commissioner (Revenue), Srinagar, in a revision petition. The Financial Commissioner (Revenue) concurred with the view taken by the Settle