Sharda Verma vs Ut Of J&K & Ors
2021 Latest Caselaw 568 j&K

                                                            Sr. No.368
                                                            After Notice
       IN THE HIGH COURT OF JAMMU AND KASHMIR
                      AT JAMMU

                     (THROUGH VIRTUAL MODE)

                            WP(C) No.115/2021
                             CM No.522/2021


Sharda Verma                                         ...PETITIONER(S)

             Through: Ms. Deepika Mahajan, Advocate.

                                   Vs.
UT of J&K & Ors                                    ....RESPONDENT(S)

Through: Mr. Ravinder Gupta, AAG, vice Mr. S. S. Nanda, Sr. AAG.

CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

(ORDER)(ORAL) 25.05.2021

1) The short grievance projected by the petitioner is that in terms of

the judgment and decree dated 14th of January, 2017, the petitioner has

been declared to be owner in possession of land measuring 10 marlas

situated at Village Paloura comprising of Khasra No.1188, Khewat

No.739 Khata No.759/790 along with the house constructed thereupon

and that in terms of the aforesaid decree, necessary mutation is required to

be attested by respondent No.4.

2) It is submitted that the petitioner, a senior citizen, has been

approaching the respondents time and again with the request to perform

their statutory duty and attest the mutation but nobody is looking into her

grievance.

3) Having heard learned counsel for the parties and perused the

documents on record, I am of the view that the respondent No.4 or any

other jurisdictional Tehsildar is under a legal obligation to perform his

statutory duty and, accordingly, attest the mutation as per the decree

passed in favour of the petitioner provided the decree has attained finality.

4) In view of aforesaid, this petition is disposed of by directing the

respondent No.4 to take note of the decree aforementioned passed by

Civil Court in favour of the petitioner and accordingly attest the mutation

provided the decree has attained finality and there is no other legal

impediment.

5) Let a decision on the request of the petitioner, which shall be made

by the petitioner in the shape of a representation, shall be taken by the

respondent No.4 within a period of four weeks from the date he is served

with a copy of this order along with a copy of representation and a copy

of the decree aforesaid.

(Sanjeev Kumar) Judge Jammu;

25.05.2021 "Bhat Altaf, PS"