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2025 DIGILAW 93 (JK)

Charan Dass v. U. T. of J&K

2025-03-04

RAJNESH OSWAL

body2025
ORDER : 1. With the consent of the learned counsel for the parties, the instant matter is taken up for final disposal. 2. The petitioners claim to be in possession of land measuring 30 kanals 16 marlas comprising khasra No.337 and the land measuring 7 kanals comprising khasra No. 338 situated at Village Pattangarh, Tehsil Latti, District Udhampur. It is stated that the petitioners were conferred the ownership rights in terms of the Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 (for short the Roshni Act). Subsequently, with the declaration of the Roshni Act as ultravires by the Division Bench of this Court, the mutation attested in favour of the petitioners was cancelled. 3. It is urged by the petitioners that they have been in possession of the aforementioned land since long which is duly substantiated by virtue of order dated 30.09.1978 and without affording any opportunity of hearing, the mutation attested in favour of the petitioners has been cancelled. 4. Faced with this situation, the petitioners have filed this petition for quashing order No. 105-JK/Rev 2020 dated 02.11.2020, pursuant to which the mutation attested in favour of the petitioners under the ‘Roshni Act’ was cancelled and further prayer has been made for directing the respondents to confer the ownership rights of land measuring 30 kanals 16 marlas comprising khasra No. 337 and the land measuring 7 kanals comprising khasra No. 338 situated at Village Pattangarh, Tehsil Latti, District Udhampur in terms of Section 3 (n) of the Agrarian Reforms Act or in alternative under Government order No. Reh-371 of 1971 dated09.09.1971. 5. 5. The respondents have filed the response stating therein that as per the revenue record of the year 1971, land comprising 30 kanals and 16 marlas comprising survey No. 337 was under the cultivation of Malook Chand allottee (half share), Shri Kuldeep Singh, Shri Kulbir Singh sons of Anant Ram Thakur, in equal share in respect of the other half as Gair Marosi and in the year 1974 Rabi, Sh Charan Das and Kaka Ram and Krishnu Sons of Teju, caste kholi were recorded as cultivators in the revenue record of survey No. 337 and the land measuring 7 Kanal comprising survey No. 338 was recorded in the name of Chandhu S/o Nathu as allottee under LB-7 during the year 1971 and in the year 1975, Rabi, Charan Das and his brothers were recorded as cultivators in khasra No. 338. It is further stated that in the year 2008, the petitioners had applied for ownership rights under the Roshni Act and vide mutation No. 852, the ownership rights in respect of land measuring 30 kanals and 16 marlas comprising khasra No. 337 and land measuring 7 kanals comprising khasra number 338 were conferred upon the petitioners. After the striking down of the Roshni Act by the High Court of Jammu, Kashmir and Ladakh, the mutation existing in favour of the petitioners under Roshni scheme was cancelled. 6. Heard learned counsel for the parties and perused the record. 7. This is an admitted fact that the mutation No. 852 was attested in favour of the petitioners under the Roshni Act, which was declared ultra vires, subsequently by the Division Bench of this Court. The act of the respondents in cancelling the mutation by placing reliance upon the judgment passed by the Division Bench cannot be faulted with, but at the same time, it cannot be ignored that the petitioners are in continuous legal possession of land mentioned above. 8. In view of the above, the present petition is disposed of by directing the official respondent Nos. 2 and 3 to examine the claim of the petitioners for grant of ownership rights in terms of the Section 3 (n) of the Agrarian Reforms Act and pass appropriate orders after affording due opportunity of hearing to all the interested parties including the petitioners and till the claim of the petitioners is decided, their possession be not disturbed. 9. Disposed of.