BINDU SINGH JAMWAL Vs. UT OF J&K

JUDGEMENT

(1.) The Petitioner in the present writ petition is aggrieved of the order dtd. 13/8/2022 passed by respondent No. 2 (Sub Divisional Magistrate (Collector) Jammu North, Jammu in case titled "Bindu Singh Jamwal and Anr V/s Chanchal Singh" by virtue of which the order dtd. 23/7/2022 has been vacated without hearing the petitioner. The petitioner further contends that backdated order has been passed by the respondent No.2.

(2.) The case set up by the petitioner is that the petitioner is the widow of Late Rudraksh Dev Jamwal, who expired in the year 2006 and the father- in -law of the petitioner had died in the year 2021, and after his death petitioner being the widow has succeeded over the estate by way of succession. It is submitted that late father-in-law was the owner in possession of the land falling under Khasra No. 78 situated at Village Barani, Jammu, which was gifted to late father-in-law by Late Atma Singh and it was reflected in the record of rights in equal share along with two other share holders namely Sukhdev Singh and Hardev Singh. It has been contended by the learned counsel for the petitioner that during the life time of Late Jagdev he had been enjoying the peaceful cultivating possession over the land who expired in the year 2022 succeeded by the petitioner and the granddaughter namely, Ojaswini Jamwal as the husband of the petitioner who expired before the death of Late Jagdev Singh. It is further contended that late Jagdev Singh was in possession of the land falling under Khasra No. 78 alongwith other share holder, total land measuring 02 kanals 17 marlas where the respondent No. 3 in connivance with the revenue authority got the revenue entry in his name without any competency.

(3.) Learned counsel for the petitioner further submitted that the petitioner has filed the petition for correction of Khasra Girdwari indicating the fact that the Girdawar circle Muthi changed the revenue entry without any competency as he was not competent to change the revenue entry and incorporated the name of the respondent No. 3 without conducting any spot enquiry or hearing the actual owner. On the presentation of the petition the respondent No. 2, passed the order on 23/7/2022, by admitting the petition and directed the Tehsildar to furnish a report in the matter within a period of 15 days and the respondent No. 3 was restrained from interfering in the possession of the petitioner and the case was directed to be listed on 13/8/2022 for hearing.