LAL CHAND Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS by means of this petition are seeking to quash impugned order dated 1 -9 -98 passed by Respondent No. 2, in Revision Petition filed against order dated 19.07.94 of the Director, Land Records with Powers of Agrarian Reforms, whereby he has upheld the order passed in mutation No. 916 dated 15 -10 -94. The subject matter of dispute is mutation No. 916 dated 15 -10 -94 attested by the Tehsildar Hira Nagar in favour of the petitioners in respect of land comprising Survey No. 1709 measuring 2 kanals 19 marlas and Survey No. 1710 measuring 4 marlas situated in village Nonath Tehsil Hira Nagar, District Kathua. The original mutation was attested on 8 -6 -96 declaring the respondents herein as prospective owners under Section 4 of the Agrarian Reforms Act. This mutation was challenged in appeal before Director Land Records with powers of Agrarian Reforms, Jammu. The mutation was set -aside, remanding the matter back to the Tehsildar for fresh inquiry and to pass appropriate orders after hearing the parties. The Tehsildar after hearing the parties has passed the impugned mutation.

(2.) THIS mutation has been challenged on the ground that respondents were cultivating the land in Kharief 1971 and Girdawari entries are recorded in the revenue record, against the record. This has been stated on the ground that Girdawaries of the respondents have been recorded from 1974 onwards upto 1978. The Tehsildar during inquiry recorded the statements of witnesses produced by both the parties and came to the conclusion that the petitioners were in cultivating possession of the land throughout and particularly in Kharief 1971. This order has been confirmed and upheld by the Director Land Records, respondent No. 3 in appeal vide his order dated 26.04.1996.

(3.) HAVING not satisfied, the respondents preferred revision petition against theorder dated 26.04.1996. Respondent No. 2 has set -aside the mutation on the ground that he himelf examined and appreciated the statements of witnesses, Girdawaries recorded in the revenue record by the revenue agency, which according to him have not been explained by the mutating officer.