Jammu & Kashmir High Court - Srinagar Bench
Ama Wani Alias Ghulam Ahmed Wani vs Union Territory Of J And K And Ors on 1 March, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
S.No. 6
Reg. List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 2362/2021
AMA WANI ALIAS GHULAM AHMED WANI ...Petitioner/Appellant(s)
Through: Mr. Z.A Qureshi, Sr. Advocate with
Ms. Monisa, Advocate
V/s
UNION TERRITORY OF J AND K AND ORS. ...Respondent(s)
Through: Mr. Illayas LAway, GA for R1-4
Ms. Rekha Wangnoo, GA for R 5
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
01.03.2024
The petitioner is 80 years' old person who came to petition this Court
with the present writ petition under article 226 of the Constitution of India
apprehending mischief at the end of the respondent no. 4- Tehsildar
Keegam by issuance of a notice from his end directing the petitioner to
remove himself from the possession and unidentified land in the said notice
but the petitioner read this notice aimed at his possessory land measuring
5.14 kanals comprising khasra No. 153/112 of Village Nowpora Balla
Tehsildar Keegam, District Shopian.
In para (iv) of the writ petition, the petitioner has pleaded that he is
in possession of this land for the last 60 years and the nature of the land in
said khasra No. is Shamilat Malkan.
In support of his said status, the petitioner has annexed as annexure-
II to his petition, revenue record in the form of Jama bandi 2013-2014
issued by the Patwari Halqa concerned vide No. 470/12/11/2021.
In addition the petitioner is also armed with a civil court decree dated
09.12.2019 in a civil suit 55/N of 1998 from the Court of learned Munsiff
Shopian against the State of J&K & Ors which includes SIDCO as well.
The respondents 1 to 4 have come with the reply/objections to the
writ petition, whereas SIDCO, later added as respondent No.5, has come
up with its own reply.
From the combined reading of the said two replies of the respondents
it is forthcoming that settlement of village Nowpora Balla was carried out in
the year 2012 which resulted in framing of Record of Rights in 2012-13
wherein khasra No. 112 in the context of shamilat land got renumbered as
khasra No. 590.
It is further borne out that Khasra No. 112 was having sub numbers
147,148, 149, 150, 151, 153 and 155 all bearing mentioned as Shamilat
Makbooza Malkan. The petitioner's referred land is in khasra No. 153/112
measuring 5 kanals 14 marlas in pre settlement record position as per Jama
bandi of 1969-70.
The Assistant Commissioner (Revenue) Shopian in his reply on
affidavit, without accompanied with any revenue record, in para iv (e) is
stating that the before settlement survey No. 112 min was joint shamilat
and State land and after settlement new survey number for said old survey
number 112 min is 590 which is recorded as 22.09 kanals as Mekbooza
Sarkar and 696.15 kanals in the name of SIDCO as per mutation No.
168,170, & 180 without mentioning the dates of the said mutation.
The Assistant Commissioner (Revenue) Shopian omitted out a
mention as to what has happened to the shamilat portion of khasra No. 112,
and, therefore, the reply which has come on record from the respondent no.
2 is evasive.
Accordingly, the respondent no. 2 is directed to submit an additional
reply affidavit bearing full details along with the relevant supporting
revenue record.
Petitioner is also directed to place on record certified copy of the
judgment passed by the court of learned Munsiff Shopian in relation to
decree dated 09.12.2019.
Let needful be done within a period of two weeks.
List on 25th March 2024.
(RAHUL BHARTI)
JUDGE
SRINAGAR
01.03.2024
"S.Nuzhat"
