Puran Chand vs Ut Of J&K & Ors on 30 April, 2025

Jammu & Kashmir High Court

Puran Chand vs Ut Of J&K & Ors on 30 April, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                               Sr. No. 10


     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

Case No.:-    WP(C) No. 1293/2021
              CM No. 5306/2021

Puran Chand

                                                             .....Petitioner(s)

                Through: Mr. Ankur Sharma, Advocate.

                 Vs

UT of J&K & ors

                                                           ..... Respondent(s)

                 Through: Ms. Nazia Fazal, Advocate vice
                          Mrs. Monika Kohli, Sr. AAG.

Coram:        HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                 ORDER

30.04.2025

1. Heard Mr. Ankur Sharma, learned counsel for the petitioner.

2. The adjudication of this writ petition is depending upon the

legal point with respect to interpretation of Section 3 of the

Agrarian Reforms Act, 1976 by reference to its clause (n) and

the benefits intended thereby read with section 6 of the

Jammu and Kashmir Big Landed Estates Abolition Act, Svt.

2007.

3. The petitioner in the present case by reference to his father

and also by reference to his own-self, is recorded cultivator of

the land in reference the ownership of which is that of State in

terms of the operation of the Jammu and Kashmir Big Landed

Estates Abolition Act, Svt. 2007.

2 WP(C) No. 1293/2021

4. Learned counsel for the petitioner submits that section 3(n) to

the extent it invites application of section 15, section 16(a),

section 4(1), section 5(1), section 6(1), section 8(2), section

9(1), section 9(8), section 15 and section 16(b), in terms

whereof the ownership of the land held in cultivation by the

petitioner is meant to be vested in him by operation of law.

5. In order to determine this legal point which is depended upon

correct interpretation of the aforesaid two Acts in the context

of relevant sections, the first thing which needs to be

confirmed is the revenue record status of the petitioner and

also that of his father. Therefore, this Court directs the

Patwari Mouza Kattal Brahmana, tehsil Hiranagar, district

Kathua to come along with relevant revenue record of khasra

No. 662/408 min for the purpose of assisting this Court for

confirmation of the status of the petitioner qua the land in

reference measuring 21 kanals which is of agricultural nature.

6. A copy of this order be given to Ms. Nazia Fazal, Advocate

appearing for the respondents for the sake of notice and

compliance of Patwari concerned.

7. List for continuation on 14.05.2025.

(RAHUL BHARTI)
JUDGE
JAMMU
30.04.2025
Naresh/Secy.

Naresh Kumar
2025.05.01 15:26
I attest to the accuracy and
integrity of this document