RAKESH KHAJURIA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment and order dated 09.11.2001 passed by the learned Single Judge in OWP No. 562/2001, whereby the learned Single Judge has dismissed the writ petition filed by the appellants herein. The facts, as claimed by the appellants -writ petitioners, are that their forefathers along with other proprietors had a big chunk of shamlat deh land situated in Village Rehambal, Tehsil Udhampur. After the demise of their forefathers, the appellants herein have stepped into their shoes and inherited all the rights and interest in the aforesaid property owned and possessed by their forefathers along with other proprietors of the village. Further it has been stated that respondent No. 3 behind their back attested Mutation No. 446 on 09.10.2009 BK, i.e., 1952 AD declaring the Shamlat deh land as Maqbooja kachcharai. It has also been stated that no notice of mutation was ever served upon them of other land owners. An appeal came to be filed before the Deputy Commissioner (Collector), Udhampur with respect to the land comprising Khasra Nos. 1165 and 116. The Deputy Commissioner while setting deh land cannot be entered as kahcharai as the same was the proprietary land of village community. On coming to know about attestation Mutation No. 446 dated 09.10.2009 BK by the Tehsildar Udhampur with respect to the land comprising of Kharsra Nos. 238, 1256, 356, 276, 359, 382, 366 and 383 as maqbooza kahcharai, the appellants herein also filed a revision petition before the Settlement Commissioner, Jammu, respondent No. 2 herein. Respondent No. 2 herein after going thorough the record dismissed the revision petition vide order dated 10.04.2001. Appellants assailed the said order before the learned Writ Court filing OWP No. 562/2001. The learned Singal Judge vide Judgment and order dated 09.11.2001, impugned herein, dismissed the writ petition. Hence the appellants have filed the present appeal.

(2.) HEARD learned counsel appearing for the parties and perused the writ records.

(3.) MR . Wazir has also relied upon a case, titled as, Akhtara v. State of J&K, 2009 (1) JKJ 79 [HC], wherein the learned Single Judge has observed that for filing revision petition no period of limitation is prescribed in the Limitation Act.