SHALLO RAM vs STATE OF JAMMU & KASHMIR AND OTHERS

Through the medium of this petition, the petitioner is inter alia seeking a direction to the respondents to conduct de-novo enquiry in terms of order

dated 27.11.2004 passed by the Additional Deputy Commissioner, Kathua with powers of Commissioner, Agrarian Reforms.

The facts giving rise to filing of this writ petition are that the petitioner is the owner of the land measuring 21 kanal 15 marla comprised of Khasra

No.715 situated at village Gurha Kalyal, Tehsil Billawar District Kathua. The Tehsildar Agrarian Reforms, Billawar attested two mutations, i.e.

mutation Nos. 1290 dated 18.09.1988 and 1312 dated 28.01.1989 in terms of Sections 4 and 8 of the Jammu and Kashmir Agrarian Reforms Act,

1976. The petitioner, being aggrieved, assailed the aforesaid orders on the two mutations attested under sections 4 and 8 of the Agrarian Reforms Act,

before the appellate authority, i.e. the Additional Deputy Commissioner, Kathua with powers of Commissioner, Agrarian Reforms. The appeals were

accepted and the orders on both the mutations were set aside and the matter was remanded to the Tehsildar, Agrarian Reforms for de-novo enquiry

with a direction for fresh disposal of the matter after providing opportunity of being heard to the petitioner uninfluenced by any observation made in the

order dated 27.11.2004.

Learned counsel for the petitioner further submits that instead of holding of denovo enquiry as ordered by Commissioner, Agrarian Reforms, Kathua

vide his order dated 27.11.2004, the Tehsildar concerned has attested the mutations of inheritance in favour of the legal heirs of Sher Mohd., the

father of respondent Nos.6 to 8 and the husband of respondent No.9. His short submission is that the order passed by the Additional Deputy

Commissioner, Kathua with powers of Commissioner, Agrarian Reforms dated 27.11.2004 needs to be complied with at the earliest and appropriate

orders passed by the Tehsildar concerned. He further submits that the matter is now before the Tehsildar, Ramkote who is required to be directed to

comply with the order dated 27.11.2004.Â

Heard learned counsel for the petitioner.

Notice. Notice waived by Mr. Ehsan Mirza, Dy.AG on behalf of the respondents.

Considered the submissions made.

In view of the short grievance projected and the nature of relief prayed for, it would be appropriate to dispose of this petition at this stage and the

same is, therefore, taken up for final disposal, of course, with the consent of the parties.

Admittedly, the mutations attested in favour of the respondents in terms of Sections 4 and 8 of the Agrarian Reforms Act have been set aside by

the Additional Deputy Commissioner, Kathua with powers of Commissioner, Agrarian Reforms and the matter has been remanded to Tehsildar,

Agrarian Reforms, Billawar (now Tehsildar, Ramkote) for de-novo enquiry in the matter. Learned counsel for the petitioner submits that the directions

have not been complied with despite lapse of 13 years. On the other hand, learned counsel appearing for the State submits that since the directions

were issued on 27.11.2004, as such, there is least possibility that the same have not been complied in all these years.

That being so, the aforesaid directions need to be complied with, if not already complied.

That being the position, this writ petition is disposed of by directing the Tehsildar Ramkote (respondent No.4) to immediately conduct a de-novo

enquiry viz-a-viz mutation No. 1290 dated 18.09.1988 and mutation No. 1312 dated 28.01.1989 (both set aside by the Commissioner, Agrarian

Reforms, Kathua). While doing so, as provided in the order, the petitioner shall also be given an opportunity of being heard. Respondent No.4 to do the

needful within a period of four weeks from the date, a certified copy of this order is made available by the petitioner to the respondents. It is, however,

clarified that in case, the requisite orders pursuant to the directions of the Commissioner, Agrarian Reforms, Kathua dated 27.11.2004 have already

been passed, then the aforesaid directions need not be complied with.

Disposed of.