Jammu & Kashmir High Court
Mohd. Azam vs State Of Jammu & Kashmir Through on 19 December, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 05
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- OWP No. 1764/2012
Mohd. Azam .....Petitioner(s)
S/o Lt. Mohd. Alam
R/o Village Siari
Tehsil Kalakote District Rajouri
Through: None.
Vs
1. State of Jammu & Kashmir through
Chief Secretary, Civil Secretariat, Jammu.
2. Power Development Commissioner,
Civil Secretariat, Jammu.
3. Managing Director,
Jammu & Kashmir Minerals Department, Jammu.
4. Deputy Commissioner, District Rajouri.
5. Collector Land Acquisition, Rajouri.
6. Tehsildar, Tehsil Kalakote.
.....Respondent(s)
Through: Mr. Ravinder Gupta, AAG for R-1 to 3.
Mrs. Monika Kohli, Sr. AAG for R-4 to 6.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(19.12.2024)
01. This writ petition was filed on 31.12.2012 originally by the
petitioner, namely, Mohd. Alam who came to expire on
07.04.2017 which resulted in preference of an application
CM No. 1118/2019 by applicant-Mohd. Azam claiming
himself to be one of the sons of the deceased original
petitioner-Mohd. Alam to have succeeded to the estate of
the deceased original petitioner-Mohd. Alam on the basis of
a purported will said to have been executed by the
petitioner in favour of applicant-Mohd. Azam.
2 OWP No. 1764/2012
02. A perusal of the alleged purported will would show that by
virtue of the same, the deceased original petitioner- Mohd.
Alam dis-inherited one of his sons, namely, Mohd. Zaman
and but not making a testamentary declaration of his
property in favour of applicant-Mohd. Azam.
03. Nevertheless, in the application CM No. 1118/2024,
applicant-Mohd. Azam claimed to have inherited the estate
of deceased father original petitioner-Mohd. Azam claiming
that his other brothers have consented in the application
being the sole legal heirs of his father.
04. The condonation of delay in filing the application came to
take place in terms of an order dated 26.02.2019 and the
application for bringing on record the applicant-Mohd.
Azam as petitioner came to be allowed in terms of order
dated 26.07.2021 and that is how the present writ petition
is being pursued by Mohd. Azam.
05. In the petition, the original petitioner claimed the following
reliefs:-
a) to command the respondent Nos. 1 to 3 to place the
indent before the respondent No. 5 for assessment of
the compensation as per market value regarding the
plot of land measuring 7 kanals falling under survey No.
73 situated at village Sairi, tehsil Kalakote, Rajouri,
which has been forcibly, illegally and unauthorisedly
been occupied by the respondent Nos. 1 to 3 without
the consent of the petitioner and without adhering to
the procedure in compliance to the Section (17-A) of the
Jammu & Kashmir Land Acquisition Act.
b) the assessment made by the respondent No. 5 as per
market value be paid to the petitioner alongwith 18%
interest from the date the land has been occupied by
the respondent Nos. 1 to 3 till its realization of final
payment to be made to the petitioner.
3 OWP No. 1764/2012
c) the respondent Nos. 1 to 3 be directed not to change
the ownership rights of the petitioner regarding the plot
of land measuring 17 kanals 12 marlas falling under
survey No. 73 in view of the mutation attested by the
respondent No. 6 in his favour in a remanded case by
the order of the Additional Commissioner, Jammu (With
the Powers of Divisional Commissioner, Jammu) and the
possession of the land of the petitioner regarding the
land which is in his occupation be not disturbed.
d) to command the respondent Nos. 1 to 3 to surrender the
possession regarding the 7 kanals of land falling under
survey No. 73 which has illegally, forcibly and
unauthorisedly been occupied by the respondent Nos. 1
to 3 by getting the constructed quarters demolished in
case the compensation as per market value of the land
which is presently existing alongwith 18% interest from
the date of occupation till its realization be not paid.
06. The original petitioner-Mohd. Alam having demised meant
that the mutation of inheritance qua his estate was
supposed to have been got attested by his legal
representatives/ legal heirs whosoever he or they may be
and only on that basis a locus would have accrued to the
legal representatives/ legal heirs of the deceased petitioner-
Mohd. Alam to pursue this litigation to its logical end by
reference to the subject land measuring seven (7) kanals
falling under survey No. 73 situated in village Sairi tehsil
Kalakote district Rajouri which was alleged to have been
forcibly, illegally and unauthorisedly occupied by the Power
Development Department (PDD) for which the original writ
petitioner intended land acquisition proceedings to be
resorted to for the legitimizing the acquisition of his alleged
land.
07. Mohd. Azam, the petitioner impleaded in place of original
petitioner-Mohd. Alam can be conceded locus to pursue this
litigation only if he comes up with production of mutation
4 OWP No. 1764/2012
of inheritance of his favour having been attested by the
competent revenue officer qua the estate forming the
subject matter of the writ petition.
08. Therefore, this writ petition is disposed of with a liberty to
the present petitioner-Mohd. Azam S/o late Mohd. Alam to
file a fresh writ petition only in the event of having a
mutation of inheritance attested in his favour at his
disposal qua the subject land of the writ petition and,
accordingly, the disposal of the present petition will not
come in the way of the present petitioner-Mohd. Azam in
coming up with the fresh writ petition subject to the rider
observed hereinabove.
09. Disposed of.
(RAHUL BHARTI)
JUDGE
JAMMU
19.12.2024
Bunty
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Bunty Kumar
2024.12.23 10:36
I attest to the accuracy and
integrity of this document
Jammu