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High CourtsSingle Bench(2023) 07 J&K CK 0011

Budhi Singh And Ors vs UT Of J&K And Ors

Jammu And Kashmir High Court · Decided on 4 July 2023

HON’BLE JUDGES
Rahul Bharti, J
CASE NUMBER
Writ Petition (C) No. 1702 Of 2023, Civil Miscellaneous No. 3981 Of 2023
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Judgment

9 paragraphs · 351 words

Rahul Bharti, J

1.

The petitioners are sons of Baldev Singh. The petitioners’ father Baldev Singh son of Chuji was recorded in settled possession of land comprising khasra no. 1068 min in village Malhori, tehsil and district Doda which is born out not only from the khasra-girdawari dating back to 1972 onwards whereby the petitioners’ father Baldev Singh is duly recorded in relation to khasra no. 1068 min.

2.

Learned counsel for the petitioners refers to Jamabandi of 1968/69 in which in the column of ownership it is the State shown to be the owner whereas the column of occupant/cultivator it is the petitioners’ father. The petitioners’ father came to demise and with respect to his settled possession the khasra-girdawari of 2013 came to make mention of petitioner no. 2 - Kartar Singh to be in cultivating possession of the land in place of his deceased father Baldev Singh.

3.

The learned counsel for the petitioners submit that the Deputy Commissioner, Doda in particular and the revenue administration of the district Doda are not acting in recognition of the said settled status of the petitioners’ father as well as their qua the land in reference and, as such, are bent upon to dislodge right of the petitioners from the revenue record and also to dispossess the petitioners from the land in reference whereas the petitioners through their father are entitled to have the ownership of the said land vested in them by reference to Govt. Order nos. LB-6/C of 1958, S-432 of 1996 and LB-7/C of 1958.

4.

Prima facie case is made out.

5.

Issue notice to the respondents.

6.

Petitioner to furnish registered postal covers for the service of respondents within a period of 7 days, whereupon the Registrar Judicial, Jammu to issue notice to the respondents. Registrar Judicial, Jammu shall be entitled to extend time for furnishing of registered postal covers if not submitted within time given.

7.

List on 23.08.2023.

8.

In the meantime, status quo as obtaining on spot with respect to cultivating possession of the petitioners qua the land in reference shall not be disturbed.