KRISHAN LAL KAPAI Vs. FINANCIAL COMMR.

JUDGEMENT

(1.) Letters Patent Appeal, on hand, is directed against Writ Court judgment dated 06.09.2001 whereby learned Single Judge has dismissed appellants writ petition titled Krishan Lal Kapai v. Financial Commissioner, J&K Government and ors. (OWP no. 244/1999) and upheld the order of Financial Commissioner dated 17.02.1999 in Civil Revision No.113/1997, setting aside order of Tehsildar dated 23.12.1991 on mutation No. 86 of 1991, estate Akhnoor. The Letters Patent Appeal arises against the following factual backdrop:-

(2.) The appellants ancestors, a long time back constructed a temple on their proprietary land measuring 4 Marlas and comprising a part of Khasra No. 14, Village Akhnoor. The Temple was named Mandir Shri Laxmi Narayan Ji Maharaj, Akhnoor. They appointed a Pujari to perform Puja and maintain the Temple. Shri Madan Lal Beragi - respondent no. 4 in the present appeal, is present Manager of the Temple. The rest of the land on spot measuring 06 Kanals and 09 Marlas comprising Khasra Nos. 14/min and 15, Village Akhnoor, according to the appellants after construction of temple, continued to be in possession of the appellants ancestors, their descendants and is now in their possession. Of late a dispute has arisen between the appellants and respondent no. 4 Manager, Mandir Shri Laxmi Narayan Ji Maharaj, Akhnoor, as regards the land comprising Survey Nos. 14 Min and 15 measuring 06 kanals and 09 marlas. However, there is no dispute between the parties that the Temple was constructed on a plot measuring 04 Marlas out of Survey No. 14 and that said area of land got vested in the Temple.

(3.) Tehsildar, Akhnoor on 07.11.1981 passed mutation order no. 79 in respect of land measuring 06 Kanals 09 Marlas comprising khasra no. 14 and 15, Village Akhnoor in favour of respondent no. 4. The mutation order was questioned by the appellant no. 1 in Revision being No. 361/DLR/AP/86-87 before Director, Land Records with powers of Divisional Commissioner (Appeals) Jammu. The case set up was that the land comprising Survey Nos. 14 and 15 except 04 Marlas out of Survey No. 14 was in ownership of the appellant and his collaterals and that the mutation order No. 79, therefore, was bad in law and liable to be dismissed. The Revision Petition was accepted on 16.05.1987 and the mutation order impugned set aside. The case was remanded to Tehsildar, Akhnoor for fresh disposal and recommendation made accordingly to the Financial Commissioner.