Jammu & Kashmir High Court
Kesari Singh Son Of Sh. Kanshi vs State Of J&K & Ors on 28 October, 2024
Author: Sanjay Dhar
Bench: Sanjay Dhar
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No.749/2015
Kesari Singh son of Sh. Kanshi .....Petitioner(s)
Ram resident of Neera Tehsil and
District Ramban
Through: Mr.Vikram Sharma Sr. Advocate
with
Mr. Sachin Dev Singh Advocate
Vs
State of J&K & Ors. ..... Respondent(s)
Through: Ms Aparna Gupta Advocate
vice
Ms Monika Kohli Sr. AAG
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
JUDGMENT(ORAL)
1 The petitioner has sought a direction upon the respondents to
consider his case for the conferment of ownership rights qua land
measuring 27 kanals, 14 marlas comprised in khasra No. 446/343 (old)
[Khasra No.542 (new)] situated at village Neera, Tehsil and District
Ramban in terms of Government Order No. L.B-6 of 1958 dated
05.06.1958 read with Government Order No. S.432 of 1966 dated
03.06.1966.
2. As per the case of the petitioner, he along with his predecessors-
in-interest has been in continuous cultivating possession of the aforesaid
land uninterruptedly even prior to the year 1957-58. It has been contended
that in terms of order No. L.B-6 of 1958 dated 05.06.1958, the petitioner
is entitled to be conferred with the status of a tenant at will, and in terms
of order No. S. 432 of 1966, he is entitled to be conferred the proprietary
rights in respect of the aforesaid land.
3 It has been submitted that on 07.01.1978, the Tehsildar
Ramban passed an order of ejectment of petitioner's father Sh. Kanshi
Ram and his uncle Sh. Ganga Ram in respect of land measuring 9 kanals
in khasra No. 577/343 situated at village Neera, Tehsil and District
Jammun which was implemented on spot, but in the revenue record, the
order of ejectment came to be reflected in the land under khasra No.
466/343. According to the petitioner, he moved an application for
correction of the revenue record, so that the petitioner's father and uncle
are shown to have been evicted from land under Khasra No.577/343 and
not in respect of land under khasra No. 466/343. The Tehsildar Ramban,
after enquiry, is stated to have passed an order on 21.04.2010 thereby
correcting the entries in the revenue record by reflecting eviction order
dated 07.01.1978 in land measuring 09 kanals under khasra No. 577/343
instead of Khasra No. 466/343.
4 After effecting of aforesaid correction by the Tehsildar Ramban,
the petitioner is stated to have approached the respondents on a number of
occasions for conferring the benefit in respect of the land in question upon
him in terms of Government Order No. LB-6 of 1958 and Government
Order No. S.432 of 1966, but no action was taken by the respondents.
Hence, the present petition.
5. The respondents have filed their reply to the writ petition. In their
reply, it has been submitted that the land in question is recorded in the
name of Ram Singh and others, including the father of the petitioner, from
the year 1957 until Rabbi, 1977 in the column of occupation. According to
the respondents, in terms of order No. 242/OQ dated 12.12.1980 passed by
the Tehsildar, Ramban, land measuring 09 kanals has been evicted and
the said order has been kept in abeyance by the Divisional Commissioner,
Jammu in the kharief year of 1981. The respondents have further
contended that, in the year 2010, Tehildar, Ramban has passed an order on
an application made by the petitioner for correction of entries in the
revenue record in respect of eviction order dated 07.01.1978. It has been
further contended that the Tehsildar passed the order of correction by
misusing his powers as he was not competent to pass the order for
correction of girdwari for more than one crop. According to the
respondents, because the petitioner has not been shown continuously in
possession of the land in question since 1956, as such, he cannot claim
benefit under Government orders No. Government Order No. LB-6 of
1958 and Government Order No. S.432 of 1966.
6 I have heard learned counsel for the parties and I have also
perused the pleadings and the record produced by the respondents.
7 It is not in dispute that the land in question is in occupation of
the petitioner and his predecessors-in-interest since the year 1957. As per
Order No. LB-6 of 1958, occupants of State land, whose ejectment has not
taken place till kharief, 1957-58, are to be recorded as tenants at will under
the State in respect of the area in their cultivating possession or occupation
in kharief,1957-58. Government Order No. S.432 of 1966 confers
proprietary rights upon the cultivators of State land who have been
declared as tenants at will in terms of Government Order No. LB-6 of
1958, provided they are permanent residents of erstwhile State of Jammu
and Kashmir.
8 The respondents are denying consideration of petitioner's case
for conferment of benefits under Government Orders No. LB-6 of 1958
and S.432 of 1966 on the ground that the order of ejectment was passed
against father of the petitioner and co-owners in respect of the land in
question on 07.01.1978 and, as such, the petitioner and his predecessors-
in-interest have not been in continuous possession of the land in question
which is a pre-condition for invoking order No. LB-6 of 1958 read with
Government Order No. S.432 of 1966.
9. It is an admitted case of the parties that eviction order dated
07.01.1978 pertains to land measuring 09 kanals in khasra No. 577/343,
but the same was wrongly entered in the revenue records as pertaining to
land under khasra No. 466/343. When this position was brought to the
notice of the Tehsildar concerned, it was rectified by the said authority in
terms of order dated 21.04.2010 by correcting the entry in the revenue
record(s). What the Tehsildar has done is to effect the correction in the
revenue records pertaining to land under khasra No. 577/343 and land
under khasra No. 466/343. It is not a case where the Tehsildar has changed
the khasra girdwari for more than one crop, but it is a case where the
Tehsildar has exercised his powers to rectify a clerical error in the revenue
records without changing the actual position obtaining on spot. Therefore,
it cannot be stated that the Tehsildar has misused his powers while passing
order dated 21.04.2010, nor it can be stated that the petitioner and his
predecessors-in-interest were not in continuous possession of the land in
question since the year 1957-58. The justification given by the
respondents for denying the petitioner's consideration for the conferment
of rights in terms of order No. LB-6 of 1958, read with Government Order
No. S.432 of 1966, in his favour, is not tenable in law.
10. Accordingly, the writ petition is allowed and the respondents are
directed to accord consideration to the case of the petitioner for the
conferment of rights in his favour in respect of the land in question in
terms of Government order No. LB-6 of 1958, read with Government
Order No. S.432 of 1966 in accordance with law.
Disposed of accordingly.
(SANJAY DHAR)
JUDGE
Jammu
28.10.2024
Sanjeev
Whether approved for reporting? Yes/No
