Prem Singh vs Ut Of J&K And Others
2023 Latest Caselaw 9 j&K

                                                                    16

 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT JAMMU

                                            WP(C) No. 24/2023
                                            CM No. 103/2023

Prem Singh                                                .....Petitioner(s)

                    Through: Mr. Virender Bhat, Advocate

               Vs

UT of J&K and others                                    .....Respondent(s)

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

16.01.2023

Heard learned counsel for the petitioner.

With respect to the land measuring 27 kanals 14 marlas

comprising khasra no. 61/26 min in village Padri Pain (Parole), tehsil

Kathua, the petitioner came to file a civil suit on 02.01.1998 on file No.

117/Civil before the Court of Sub-Judge Kathua against the recorded

owners i.e. Sh. Krishan Singh, Smt. Banti Devi, Smt. Nirmala Devi &

Smt. Vaishnno Devi which suit came to be decreed vide judgement and

decree dated 26.12.2007 in favour of the petitioner by declaring the

petitioner to be the owner in possession of 37.14 kanals of land in

Khasra no. 61/26 in village Padri Pain (Parole), Kathua by way of an

adverse possession. Said decree of the court of Sub-Judge Kathua

attained finality against the judgement debtors qua the land in

reference.

On this basis of this civil court decree, a mutation no. 137

dated 08.01.2011 came to be attested in favour of the petitioner.

Against this mutation no. 137 dated 08.01.2011, an appeal came to be

filed by the respondent no. 4 herein - Mst. Ram Kali on File no.

166/DCK/AM dated 02.02.2013 before the Deputy Commissioner

(Collector) Kathua to the extent of 2.5 kanals of land in khasra no.

61/26 min situated at Padri Pain (Parole), Kathua. Said appeal came to

be decided vide judgment dated 10.08.2018 by setting aside the

mutation with respect to the entire land of 27.14 kanals

notwithstanding the fact that Mst. Ram Kali had agitated her grievance

only to the extent of 2.5 kanals of land comprising khasra no. 61/26

min.

Against the order dated 10.08.2018 of the Deputy

Commissioner (Collector) Kathua, the petitioner herein preferred an

appeal on File no. 27/Revision before the Divisional Commissioner,

Jammu on 06.10.2018 which came to be dismissed by the Divisional

Commissioner, Jammu vide judgement dated 09.10.2021. The

petitioner came to question the order of the Deputy Commissioner

(Collector) Kathua dated 10.08.2018 and the order of the Divisional

Commissioner, Jammu dated 09.10.2021 before the Financial

Commissioner (Revenue), J&K in a revision on File no. 1088/FC-AP

which too came to be negated in terms of judgement dated 16.11.2022

by the Financial Commissioner (Revenue) J&K.

The premise on which the setting aside of the Mutation no.

137 dated 08.01.2011 came to take place followed by dismissal of the

appeal as well as the revision is that the Civil Court has no jurisdiction

qua the land in reference to come forward with any decree in favour of

the petitioner.

It is against the aforesaid course of adjudication that the

petitioner feels aggrieved on the count that the same amount to

undermining the civil court decree validly passed and in effect to which

the erstwhile owners who lost title by prescription to the petitioner have

never ever questioned the status of the petitioner qua the land in

reference.

Prima facie case is made out.

Issue notice to the respondents.

Petitioner to furnish registered postal covers within seven

days whereupon the Registrar Judicial, Jammu to issue notice to the

respondents.

List this case on 01.03.2023.

In the meantime, send for the record of File no. 166/DCK/AM

titled "Ram Kali Vs Prem Singh" from the office of the Deputy

Commissioner (Collector) Kathua, File no. 72/Revision titled "Prem

Singh Vs Mst. Ram Kali" from the office of the Divisional

Commissioner, Jammu and File no. 1088/FC-AP titled "Prem Singh Vs

Mst. Ram Kali" from office of the Financial Commissioner (Revenue),

J&K.

Meanwhile, the impugned Order dated 10.08.2018 passed by

the Deputy Commissioner (Collector), Kathua read with the Order

dated 09.10.2021 passed by the Divisional Commissioner, Jammu and

the Order dated 16.11.2022 passed by the Financial Commissioner

(Revenue) J&K shall remain stayed till recalled/altered upon objections

by the respondents.

(Rahul Bharti) Judge Jammu 16.01.2023 Muneesh