High Court order FCR J&K to set up an enquiry against Tehsildar Rajouri

High Court order FCR J&K to set up an enquiry against Tehsildar Rajouri

Jammu: In OWP No. 465/2019 c/w OWP No. 2657/2018 CM No. 3630/2022 IA No. 1/2018 Manzoor titled Hussain and others Vs State of J&K and others after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDERED as:-

OWP No. 2657/2018 1. Heard learned counsel for the petitioner and perused the pleadings.

2. The petitioner has approached this Court riding on the strength of the purported mutation no. 1258 attested on 16.12.2009 attested by the Tehsildar Rajouri in terms whereof by purported reference to LB-6/C of 1958 read with Government Order no. S-432 of 1966, the State land came to be purportedly transferred in ownership in favour of the petitioner.

3. At the time of filing of this writ petition, the petitioner-Fazal Hussain has given his age to be of 50 years meaning thereby in the year 2009 at the time of getting attestation of mutation in reference, he was 40 years old going by the timeline. How come the petitioner was claiming to have a long settled possession of the state land in reference so as to earn vesting of ownership in his favour by resort to LB-6 of 1958 read with Government Order no. S-432 of 1966 is not forthcoming either from the reading of the mutation or from the writ petition.

4. This writ petition came to be filed projecting a scenario as if the petitioner’s said land has come to be under unauthorized occupation of the Serial No. 10 2 OWP No. 2657/2018 Jammu and Kashmir Police through its IRP 2nd Battalion and therefore, the vacation of land is sought or in the alternative rental compensation.

5. It has been brought on record of this writ petition by the respondent’s end that the purported mutation 1258 so attested in favour of the petitioner has been cancelled by an order dated 30.03.2022 passed by the Additional Deputy Commissioner, Rajouri.

A copy of the said order is on record of this file accompanying an affidavit submitted by the Deputy Commissioner, Rajouri.

6. In light of this development, it is for the petitioner to invoke appropriate legal remedy as available under the Land Revenue Act, 1996 to salvage the cancelled mutation if the petitioner is able to make a case on merits.

7. This writ petition is held to be not maintainable in the face of the subsequent development after the institution of the writ petition.

8. Thus, while this writ petition is disposed of but it has to have a direction to the Financial Commissioner (Revenue), UT of J&K to set up an enquiry against the then Tehsildar Rajouri who came to attest the mutation no. 1258 of 2009 so as to bring the truth as on what basis the then Tehsildar Rajouri came up with transfer of ownership of the state land in favour of the petitioner.

On the basis of the enquiry to be so conducted, an appropriate course of action in the matter shall be undertaken at the end of the Financial Commissioner (Revenue), UT of J&K as being the governing head of the Revenue Administration of the UT of J&K.

9. Disposed of.

10. Copy of this order be sent by the Registrar Judicial, Jammu to the Financial Commissioner (Revenue) J&K, Jammu for notice and compliance. OWP No. 465/2019 List this matter on 08.12.2023.