SHAMAS DIN Vs. STATE

JUDGEMENT

(1.) THE dispute between the parties is on land measuring 19 kanals and 16 marlas of land falling in Khasra No. 21 min village Rount, Tehsil and District Udhampur. The land is state land. The petitioners allege that the land along with adjacent land was owned by the villagers of Gangera, Tehsil and District Udhampur, but the Maharaja declared it as Rakh. After independence the Government wise cabinet Order No. 751 -C of 1950 dated 6.7.1950 ordered that the land (i.e. land in Rakh Rount, Kantli, Sanshu, Badali, Jaganoo and Jhanoa which were private land but declared Rakhs and for which no compensation was paid to the owners) should be restored. Out of the land which became thus available, land measuring 40 kanals 10 marlas under Survey No. 15, 16 and 21 (Plot No. l) was allotted in favour of the nine families headed by one Salah Mohd, uncle of the petitioner. After the land was given to these families 7 kanals and 13 marlas were retained by said Salah Mohd while as 7 kanals 13 marlas were allotted to petitioners father namely Ali Akbar. Salah Mohd was issueless and after his death his land came in possession of the petitioner under a will of Salah Mohd. Petitioners father has also died and his land too has come under the petitioners possessions.

(2.) RESPONDENT Jodh Singh has set up an entirely different case in respect of the said land. According to him he originally belongs to village Khari Dharamsala, Tehsil Poonch, the village with this part of the State but is located near LOC area line with zero distance from P.O.K area. Due to disturbances he had to migrate from the area. So he came to and settled in Udhampur, where the disputed land ( 19 kanals and 16 marlas under Survey No. 21) was allotted to him by the Provincial Rehabilitation Officer, Jammu vide Order No. 2805 dated 31.1.1958 under Govt. Order No. 578 -C of 1954. Since then the land, according to him is in his possession.

(3.) PETITIONER refutes the claim of Jodh Singh and states that there is no allotment order in favour of Jodh Singh and that the Govt. Order 578 -C of 1954 is in applicable in the present case.