LAWS(J&K)-2024-3-59

TALIB HUSSAIN Vs. UT OF J. &K.

Decided On March 11, 2024
TALIB HUSSAIN Appellant
V/S
Ut Of J. AndK. Respondents

JUDGEMENT

(1.) The petitioners are aggrieved of the order passed by the respondent No. 2-Deputy Commissioner, Poonch on 23/1/2023, whereby he has cancelled the mutation No.788 dtd. 13/1/2010 of Village Sheindara, Tehsil Haveli, holding that the same is void ab initio. The petitioners are seeking quashment of the said order precisely on the ground that the same has been passed by the respondent No.2 without having jurisdiction and without giving petitioners an opportunity of being heard. The mutation in question was attested on 13/1/2010. The respondent No. 2 Sr. No. 30 has held that the mutation has been attested against the provisions of Government Order No. LB-6/C of 1958. The order impugned is reproduced as under: -

(2.) The petitioners' case is that they are descendants of one-Kalu, who was in possession of the land prior to 1957. At the time of constitution of Settlement Commission, which worked from 1955 to 1962 and based upon the orders, their father was recorded in possession of the land in Khasra No. 129 and Missal-e-Haqqiyat was also entered in his favour. The father of the petitioner No. 1 to 3 and rest of the petitioners' father were in continuous possession of the land. In the year, 2010, LB-6 was attested in their father. Their father had also constructed kacha house on the land. After the death of their father, their possession was recorded in the revenue records. Respondent No.2 is stated to have passed order impugned, cancelling mutation at the back of petitioners and without giving them an opportunity of being heard. The order impugned has, thus, been passed in violation of the principles of natural justice.

(3.) Objections have been filed by the respondents, wherein it is stated that the order impugned has been passed on the basis of inquiry conducted by Tehsildar, Haveli, vide his No.TH/OQ/2402 dtd. 17/1/2023, wherein it came to fore that mutation No.788 dtd. 13/1/2010 under Government Order No. LB-6C of 1958 has been attested in favour of the petitioners against the statutory norms. As per the Record of Rights (ROR) of 1961-62, land falling under Khasra No. 129 measuring 42 Kanals and 15 Marlas is shown as State Land under the possession of one- Wazir Mohammad S/o Kalu and the said land is in illegal possession of one-Khadim Hussain, Mushtaq Ahmed, Mohammad Razzak, Mohammad Aslam Ss/o Mohammad Hussain and the mutation in question was attested in their favour in equal shares in half and Wazir Mohammad S/o Kalu in half share. The mutation was cancelled because there was no entry in the name of the sons of Mohammad Hussain and Wazir Mohammad has no possession on spot.