MOHD. SHAFI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner in this petition is primarily aggrieved of the order of Collector (Deputy Commissioner), Jammu No.DCJ/Rdr/2016-17/R-153-155 dated 25.02.2017, whereby mutation No.799/J of village Sidhra with regard to land measuring 05 kanals falling under Khasra No.99/3, attested in favour of the petitioner has been declared void-ab initio and set aside.

(2.) The case set up by the petitioner is that he is in possession of land measuring 30 kanals 3 Marlas situate at Sidhra comprised in Khasra No.99/3 since the year 1956. Petitioner claims that in view of his possession on the cutoff date he was declared as tenant at will in terms of Govt. Order No.LB-6/C of 1958 dated 05.06.1958 and thereafter conferred proprietary rights in terms of Government Order No.S-432 of 1966. Petitioner also relies upon the girdawari entries for the year 1984 to demonstrate that he and prior to him his ancestors had been in possession of the land measuring 33 kanals and 6 marlas situate at Sidhra.

(3.) The grievance projected by the petitioner in this petition is that though, he had been enjoying possession of the land in question as owner thereof in terms of mutation No.799/J attested in terms of Government Order No.S-432 dated 03.06.1966, the respondents as also the officers of Adjoining Golf Course, being developed by the tourism department of the State, started interfering into the possession of the petitioner. The petitioner claims to have submitted an application to the Deputy Commissioner, Jammu on 10.07.2015 for looking into the matter and stopping the harassment caused by such officers. The petitioner further submits that instead of redressing his genuine grievance and restraining the revenue officers as well as the officials of the tourism department constructing the Golf Course from interfering in the peaceful possession of the petitioner over the land in question, Assistant Revenue Attorney with Deputy Commissioner, Jammu issued a notice dated 07.02.2017 to the petitioner to appear in the Court of Deputy Commissioner (Collector), Jammu and show cause as to why mutation No.799/J, attested in favour of the petitioner on 28.03.2010, be not set aside.