Smt. Kanta Devi vs Vijay Singh on 13 May, 2025

Jammu & Kashmir High Court

Smt. Kanta Devi vs Vijay Singh on 13 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                 Serial No. 112


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU
         CM(M) No. 128/2025
         CM Nos. 2816/2025 & 2817/2025

Smt. Kanta Devi, Age 66 years         .....Appellant(s)/Petitioner(s)
D/o Lt. Sh. Suneet Singh,
Wd/o Ltd. Sh. Koushal Singh,
R/o Bagla Morh, Rahya Samba,
A/p Karandi, Tehsil & District
Samba.

               Through: Mr. Saket Rathore, Advocate.

             Vs

1. Vijay Singh, S/o Lt. Sh. Anchal Singh,
R/o Rahya, Tehsil Vijaypur, District Samba.
2. Tehsildar, Vijaypur.
3. Shakti Singh, S/o Lt. Sh. Anchal Singh.
4. Ayodhya Devi, W/o Lt. Sh. Anchal Singh.
5. Pooja Devi, D/o Lt. Sh. Anchal Singh.
6. Swaran Singh, S/o Lt. Sh. Gian Singh.
7. Shanti Devi, D/o Lt. Sh. Gian Singh.
8. Bimla Devi, D/o Lt. Sh. Gian Singh.
9. Sheela Devi, D/o Lt. Sh. Gian Singh.
All residents of Rahya, Bagla, Tehsil Vijaypur, District Samba.

                                                 .....Respondent(s)

               Through:

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

                             ORDER

(13.05.2025)

1. The Assistant Collector 1st Class, (Tehsildar), Vijaypur,

district Samba in a case on file No. RD0050000018696 instituted

on 17.07.2014 titled “Kanta Devi Vs. Vijay Singh and others“

for the partition of the land bearing khasra No. 4252/1493 and

1879 of Khewat No. 24 & 30 in the village Bagla Morha Rahya,

came to pass a final order dated 12.04.2025 acting in exercise of
2 CM(M) No. 128/2025

jurisdiction under section 105 & 117 of the J&K Land Revenue

Act, Svt. 1996 read with J&K Partition Rules, 1970 thereby

ordering the partition of the land in reference and holding the

applicant-Kanta Devi entitled to her share out of total land of 30

kanals, out of which the applicant-Kanta Devi’s share came to be

worked out in the order itself.

2. The order dated 12.04.2025 so passed by the Assistant

Collector 1st Class, (Tehsildar), Vijaypur, district Samba

amounted to a civil court decree in terms of section 111-A of the

Land Revenue Act, Svt. 1996 and as per the deeming provision of

section 112 of the Land Revenue Act, Svt. 1996 was rendered

appealable as a decree and the appeal being maintainable either

to the District Judge or the High Court as the case may be.

3. One of the non-applicants, namely, Vijay Singh came to

prefer an appeal by reference to section 112 of the J&K Land

Revenue Act, Svt. 1996 before the appellate court of the Principal

District Judge, Samba from where the appeal came to be

transferred to the Additional District Judge, Samba for disposal.

4. The petitioner herein, namely, Kanta Devi as being the

applicant at whose instance the partition proceedings were

undertaken and culminated in passing of the appealable order

dated 12.04.2025, had put herself on caveat before the court of

the District Judge, Samba and that is how upon transfer of the

appeal preferred by the respondent No. 1-Vijay Singh, the
3 CM(M) No. 128/2025

petitioner herein came to be notified by the Additional District

Judge, Samba to appear in the matter in the appeal on

17.04.2025 on which date the petitioner is said to have caused

appearance along with her counsel.

5. The petitioner is aggrieved that by virtue of an order dated

07.05.2025, the court of Additional District Judge, Samba has

come to direct the operation of the order dated 12.04.2025 of the

Assistant Collector 1st Class, (Tehsildar), Vijaypur, district Samba

to be kept in abeyance till next date of hearing which is

24.05.2025 though subject to the admission of the appeal.

6. The grievance of the petitioner is that her caveat stands

frustrated by the issuance of the order dated 07.05.2025 by

learned Additional District Judge, Samba without affording the

petitioner an opportunity of objection as being a caveator.

7. Accordingly, the petitioner is, thus, invoking supervisory

jurisdiction of this Court under article 227 of the Constitution of

India with respect to the indulgence so granted by the Additional

District Judge, Samba by denying the petitioner as the being

caveator, an opportunity of opposing the motion made by the

respondent No. 1 in seeking interim direction in his favour with

respect to the order impugned.

8. Considering the limited scope of the petitioner’s grievance,

this petition is disposed of with a direction unto the Additional

District Judge, Samba to consider the right of the objection of the
4 CM(M) No. 128/2025

petitioner with respect to grant of interim order/relief being

solicited by the respondent No. 1-Vijay Singh in connection with

the appeal preferred by him and dispose of the caveat of the

petitioner by passing an order afresh with respect to operation of

the impugned order dated 07.05.2025.

9. Needful to be done at the end of the Additional District

Judge, Samba within a period of one week from the date a

certified copy of this order is received by him.

10. Disposed of.

(RAHUL BHARTI)
JUDGE
JAMMU
13.05.2025
Shivalee

Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.

Shivalee Khajuria
2025.05.14 08:49
I attest to the accuracy and
integrity of this document