Jammu & Kashmir High Court
Rashpaul Singh vs Ut Of J&K & Ors on 28 July, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 15
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No.:- WP(C) No. 1440/2022
Rashpaul Singh
.....Petitioner
Through: Mr. Rakesh Chargotra, Advocate.
Vs
UT of J&K & ors.
..... Respondent(s)
Through: Ms. Nazia Fazal, Advocate vice
Mrs. Monika Kohli, Sr. AAG for R-1 to 3.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
28.07.2025
1. Land measuring 18.16 kanals in khasra No. 2240 of village
Ghaink, tehsil and district Jammu, in terms of its 1971 khasra
girdawari ownership status was that of three brothers, namely,
Gandarb Singh, Shanker Singh and Krishan Singh which
khasra girdawari in its cultivation column also referred them
to be in personal cultivation but by an entry in column No. 8,
the reference to the petitioner being in cultivating possession
stood referred for the very first time in the sense that no
khasra girdawari preceding 1971 reflected or recorded the
petitioner to be in cultivating possession of the land in khasra
2 WP(C) No. 1440/2022
No. 2240 of village Ghaink, tehsil and district Jammu relatable
to said three owners.
2. In the month of March, 1990, a mutation No. 1383 under
section 4 of the Jammu and Kashmir Agrarian Reforms Act,
1976 came to be attested followed by mutation No. 1386 dated
23.05.1990 under section 8 of the Jammu and Kashmir
Agrarian Reforms Act, 1976 thereby purportedly constituting
the petitioner to be the owner in possession of the land
measuring 18.16 kanals in khasra No. 2240 of village Ghaink,
tehsil and district Jammu.
3. The aforesaid two mutations came to be challenged by none
else than the respondent No. 4-Baldev Singh, the real brother
of the petitioner, in an appeal under section 21 of the Agrarian
Reforms Act, 1976 before the appellate authority of
Commissioner Agrarian Reforms, Jammu i.e., Additional
Deputy Commissioner, Jammu who, vide his order dated
11.06.2022, came to set aside the aforesaid two mutations and
remanded the matter back to the Tehsildar, Bhalwal to
conduct a de novo enquiry in presence of the interested parties
strictly in accordance with the provisions of the Jammu and
Kashmir Agrarian Reforms Act, 1976.
4. The filing of said appeal by the respondent No. 4 had taken
place in the month of December, 2020 by which time the
Jammu and Kashmir Re-organization Act, 2019 had come into
3 WP(C) No. 1440/2022
operation thereby deleting the provision of ‘Revision’ as
provided under section 21(2) of the Jammu and Kashmir
Agrarian Reforms Act, 1976 and, therefore, the petitioner,
being constrained with no other legal remedy at his disposal
under the statute came forward with the institution of the
present writ petition assailing the adjudication of the appellate
authority.
5. On behalf of the respondent No. 4 reply/objections have come
forward through Advocate Mr. Kunal Singh Chib to the writ
petition.
6. From the reading of the impugned order of the appellate
authority, it is not forthcoming as to whether the appellate
authority had adverted itself to examine the factual aspect in
detail as to whether at the time of attestation of the aforesaid
two mutations, the originally recorded owners were alive or not
and if alive, whether the levy deposited by the petitioner was
withdrawn by all or anyone of them.
7. Other side of picture is if recorded owners or some of them
were not alive at the time of attestation of the aforesaid two
mutations, then whether any mutation of inheritance had
come to be attested in favour of the legal heirs of the originally
recorded owners thereby recognizing them by their ownership
status vis-à-vis the land comprising khasra No. 2240 of village
4 WP(C) No. 1440/2022
Ghaink tehsil and district Jammu forming subject matter of
the mutations till March 1990.
8. In order to have a clear picture of this aspect, this court deems
it proper to summon the Patwari concerned.
9. Accordingly, the Patwari of Patwar Halqa Amb, tehsil Bhalwal
district Jammu to remain present in this Court on the next
date of hearing along with the entire revenue record
whatsoever relatable to khasra No. 2240 of village Ghaink,
tehsil Bhalwal, district Jammu. Said Patwari to come along
with the original record which shall also include the mutations
under sections 4 and 8 of the Jammu and Kashmir Agrarian
Reforms Act, 1976 attested in favour of the petitioner.
10. List in continuation on 03.09.2025.
11. Interim direction to continue till next date of hearing.
(RAHUL BHARTI)
JUDGE
JAMMU
28.07.2025
Naresh/Secy.
Naresh Kumar
2025.07.29 19:01
I attest to the accuracy and
integrity of this document