Radha Devi, W/o Goutam Singh v. UT of Jammu & Kashmir
2024-01-11
WASIM SADIQ NARGAL
body2024
DigiLaw.ai
ORDER : 1. Petitioner through the medium of instant writ petition seek the following reliefs:- Mandamus:-Commanding the respondents to decide the application of the petitioner filed under Section 105 of the Land Revenue Act, seeking partition of the land comprising Khewat No. 11 Khata Nos. 33 to 37 Khasra Nos. 54, 58, 77, 79 and 80 situated at Village Satah, Tehsil and District Samba in light of the judgment of Hon’ble Supreme Court passed in case titled, “Danamma alias Suman Surpur Vs. Amar (2018) 3 SCC 343 and with a further direction to the respondents to demarcate the portion of land falling in the share of the petitioner; or Any other relief, which this Hon’ble Court may in the given facts and circumstances of the case deem fit and proper may also be granted in favour of the petitioner.” 2. The facts giving rise to the filing of the instant petition are that the maternal grandfather of the petitioner, namely, Shokan Singh alongwith his brother, namely, Gandhrav Singh and Dhammu Singh were in joint possession of the land measuring 77 Kanals, out of 153 Kanals and 19 Marlas in Khewat No. 11 Khasra Nos. 33 to 37, Khasra Nos. 54, 58, 78, 79 and 80 situated at village Satah Tehsil & District Samba during their lifetimes. Thereafter, on demise of Shokan Singh, his share was inherited by his daughter, namely, Rukmani Devi under the Hindu succession Act. The total land out of Khasra numbers, which came to the share of Rukmani Devi was 25 Kanals and 13 Marlas situated at Village Sateh Tehsil & District Samba. 3. Learned counsel for the petitioner while arguing the matter in vehemence has placed reliance upon Section 105 of the Land Revenue Act, which provides for filing of an application for partition.
3. Learned counsel for the petitioner while arguing the matter in vehemence has placed reliance upon Section 105 of the Land Revenue Act, which provides for filing of an application for partition. For facility of reference, Section 105 of the Land Revenue Act is reproduced hereunder:- “APPLICATION FOR PARTITION" Any joint holder of land or any joint tenant of a tenancy in which (a right of occupancy or protected tenancy subsists) or any mortgage with possession of the share of such holders or tenant, may apply to a Revenue officer for partition of his share in the land or tenancy, as the case may be, if- (a) At the date of the application the share is recorded under chapter IV as belonging to him or; (b) His right to the share has been established by a decree which is still subsisting at that date or; (c) A written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.” 4. Learned counsel for the petitioner submits that the respondents are not deciding the application of the petitioner filed under Section 105 of the Land Revenue Act for partition of the land in question, in light of the judgment of the Hon’ble Supreme Court rendered in case titled, “Danamma alias Suman Surpur Vs. Amar, reported in 2018 (3) SCC 343 ”. Feeling aggrieved of the same, the petitioner has approached this Court by way of instant writ petition. 5. Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the instant writ petition is disposed of by directing the respondents to treat the instant writ petition as representation and accord consideration to the same within some reasonable period. 6. Notice. 7. Ms. Priyanka Bhat, assisting counsel to Mrs. Monika Kohli, Sr. AAG waives notice on behalf of the official respondents. She submits that the respondents have no objection, if the instant writ petition is directed to be treated as representation and same is accorded consideration strictly in accordance with the rules and as per law. 8.
6. Notice. 7. Ms. Priyanka Bhat, assisting counsel to Mrs. Monika Kohli, Sr. AAG waives notice on behalf of the official respondents. She submits that the respondents have no objection, if the instant writ petition is directed to be treated as representation and same is accorded consideration strictly in accordance with the rules and as per law. 8. With the consent of learned counsel for the parties and keeping in view the facts and circumstances of the case, the instant writ petition is disposed of, at the threshold, with a direction to the respondents to consider the claim of the petitioner by treating this writ petition as representation and take a decision thereon, strictly under rules and as per law and pass a consideration order within a period of six weeks from the date a certified copy of this order alongwith complete set of writ petition are made available to the respondents. 9. Disposed of, as above alongwith connected application.