Jammu & Kashmir High Court
Jagjit Rai vs State Of J&K And Others on 5 March, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
24
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 1324/2011
Jagjit Rai .....Appellant(s)/Petitioner(s)
Through: Ms. Surinder Kour, Sr. Adv. with
Ms. Manpreet Kour, Adv.
vs
State of J&K and others ..... Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
05.03.2025
1. The petitioner has filed the present writ petition for quashing order dated
1877-OQ dated 06.09.2022 issued by the Tehsildar Jammu, whereby the
Patwari Halqa Domana has been directed to initiate proceedings under
section 13 of the Agrarian Reforms Act, 1976 qua the residential house
belonging to the petitioner and present the same before him for
attestation.
2. The order has been impugned primarily on the ground that the
respondent No. 4 has acted without jurisdiction because in terms of
provisions of the section 19(3) of the Agrarian Reforms Act, 1976 read
with Rule 57 of the Agrarian Reforms Rules 1977, the powers and
jurisdiction is vested in the Collector under the Agrarian Reforms Act,
1976 to conduct enquiry and the Tehsildar Jammu respondent No. 4
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OWP No. 1324/2011
herein is not a Collector within the meaning of the Agrarian Reforms
Act, 1976.
3. The respondents have filed the response stating therein that after
verifying the mutation register of Village Raipur Domana, it is found that
the mutation No. 2469 under section 13 of the Agrarian Reforms Act,
1976 has been found entered but the said mutation has not been attested
till date as no proceedings under section 13 of the Agrarian Reforms Act
has been found implemented in the revenue record. It is also averred that
the aforesaid proceedings were initiated during the tenure of Subash
Singh Chib, the then Tehsildar Jammu. Since the Village Raipur Domana
is now a part of Tehsil Jammu North and Tehsil Jammu North has been
carved out of erstwhile Tehsil Jammu in the year, 2014 and as per the
report of Naib Tehsildar Mishriwala and revenue field staff, no
proceedings under section 13 of the Agrarian Reforms Act have been
finalized by the then Tehsildar, Jammu for which the petitioner is
seeking the relief and subsequent quashing of the proceedings. It is
further admitted by the respondents in the response that in terms of
section 13 of the Agrarian Reforms Act and Rule 57 of the Agrarian
Reforms Rules, proceedings under section 13 of the Agrarian Reforms
Act lie only with the Collector, Agrarian Reforms.
4. Heard and perused the record.
5. In view of the categoric admission by the respondents that the
jurisdiction under section 13 of the Agrarian Reforms Act vests with the
Collector Agrarian Reforms only as such, order bearing No. 1877-OQ,
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OWP No. 1324/2011
dated 06.09.2011 passed by the Tehsildar Jammu is quashed, as having
been passed without jurisdiction because he was not Collector within the
meaning of the Agrarian Reforms Act.
6. Learned senior counsel for the petitioner has not pressed the other reliefs
as sought in the present writ petition.
7. Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu:
05.03.2025
Rakesh
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/NoRakesh Kumar
2025.03.10 13:56
I attest to the accuracy and
integrity of this document
