Vaishno Devi vs Ut Of J&K Thorugh The
2024 Latest Caselaw 61 j&K

Jammu & Kashmir High Court

Vaishno Devi vs Ut Of J&K Thorugh The on 2 February, 2024

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                       Sr.No.04


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                    WP(C) No. 66/2024


Vaishno Devi, age 48 years                                             .... Petitioner(s)
W/o Lt. Amar Nath
R/o Village Kangrail, Tehsil Kot Balwal, District
Jammu.


                    Through :- Mr. A.A. Khan, Advocate.

         V/s

1.UT of J&K thorugh the
Commissioner/Secretary to Govt. Revenue
Department, Civil Secretariat, Jammu.

2. Deputy Commissioner, Jammu.

3. Tehsildar Balwal, District Jammu.

4. Naib Tehsildar, District Jammu.

5. Patwari Halqa Balwal, District Jammu.
                   Through :- Ms. Sagira Jaffar, Advocate vice
                              Ms. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                  ORDER (Oral)

02.02.2024.

1. The short grievance projected by the petitioner in this petition is that

pursuant to a 'will' deed dated 12.10.2013 executed by the father of the petitioner,

namely, Gain Chand and in the light of a decree passed by the civil Court dated

07.06.2023 passed in civil suit titled "Vaishno Devi v. Baldev Raj", the petitioner

approached the respondent No. 3 for attestation of mutation through an application

claimed to have been submitted online. It is pleaded that, since no action was

initiated by respondent No.3 on the request of the petitioner, as such, the petitioner

approached the Deputy Commissioner, Jammu by way of representation dated

08.04.2022. It is, thus, the grievance of the petitioner that as the respondents are

not performing their statutory duties, therefore, she has been compelled to knock

the doors of this Court.

2. Having heard learned counsel for the parties and perused the material on

record, I am of the view that this petition deserves to be disposed of at this stage by

providing that in case online application has been received by the Tehsildar,

Balwal, with a request for attestation of mutation as stated above, the same shall be

considered by the Tehsildar, Balwal strictly in accordance with law and after

providing an adequate opportunity of being heard to all the stakeholders.

3. Let the needful be done by the Tehsildar concerned within a period of

eight weeks from the date a copy of this judgment is served upon him.

4. This Court makes it clear that nothing said hereinabove shall be

construed as an expression of opinion on the merits of the case of the petitioner.

5. This petition is, accordingly, disposed of.

(Sanjeev Kumar) Judge

Jammu:

02.02.2024.

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