Jammu, Feb 09: In WP(C) No. 291/2020 1. Rakesh Choudhary & ors vs 1. Union Territory of Jammu & Kashmir Through Commissioner/Secretary Revenue Department & ors after hearing HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDERED as under:-
1. Petitioners, through medium of this petition, have prayed for following reliefs:
(i) Directing the respondent no.1 to produce and place, before & for the examination of the Hon’ble Court, the entire record of the complaint no. 62578 filed by M/S Mehak Anand R/O H. No. 12, Sector -1 Channi Himmat Jammu regarding change of title for land measuring 54 kanals and 19 marlas owned by her father & remanding the case thereof, alongwith all attending notings/communication therewith;
(ii) Directing the respondent No. 4 to produce and place, before & for the examination of the Hon’ble Court, the record of the file with respect to communication no. 901/Div Com/CMGS/Jammu/889-90 dated 15.01.2018 and the record incidental and ancillary thereto;
(iii) Directing the respondent No.2 to produce and place, before & for the examination of the Hon’ble Court, the record of the file no. DCP/PS/2019/587-87 dated 15.10.2019 resulting in passing of the order dated 15.10.2019 for setting aside mutation no. 142/Jeem (50 kanals 15 marlas) and 143/Jeem (8 kanals 6 marlas) village Kangrail, tehsil Bhalwal;
(iv) Holding and declaring the entire course of proceedings on the part of the respondent Nos. 1, 4 and 2 in relation with dealing of the complaint no. 62578 filed by the respondent No. 6 i.e MS Mehak Anand R/O House No. 12, Sector -1 Channi Himmat Jammu regarding change of title for land measuring 54 kanals and 19 marlas owned by her father & remanding the case thereof as illegal and arbitrary;
(v) Holding and declaring the course of proceedings on the part of the respondent No. 3 acting as the respondent no.2 in relation with dealing of the complaint no. 62578 filed by the respondent no. 6 i.e MS Mehak Anand R/O H. No. 12, Sector 1 Channi Himmat, Jammu regarding change of title for land measuring 54 kanals and 19 marlas owned by her father & remanding the case thereof as illegal and arbitrary;
and (vi) Holding and declaring the Order no. DCJ/PS/2019/586-87 dated 15.10.2019 passed by the respondent No. 2 as bad & illegal, and consequently to set aside and quash the said order No. DCJ/PS/2019/586-87 dated 15.10.2019 read with any action/effect thereupon and thereof to the prejudice of the petitioner’s right/title/interest in terms of mutation no. 142/Jeem (50 kanals 15 marlas) village Kangrail, Tehsil Bhalwal;
2. Learned Senior Counsel Mr. Pranav Kohli, appearing for the petitioners submit that private respondent Nos. 6 to 8 had filed OWP No. 528/2017, whereby their mortgaged land was auctioned, and the petitioner, in whose favour mutation stands attested, was a beneficiary thereof, which was withdrawn by them on 27.12.2024, as such these respondents had raised objections to the present petition.
3. Learned Senior Counsel Mr. Sunil Sethi, appearing for the private respondents fairly submits that the petition be allowed, as prayed for, for the reason that 4 respondent Nos. 6 to 8 have withdrawn their objections to the present petition. His statement is taken on record, in support of his contention.
4. In view of the fact and circumstances of the case and submissions made by learned counsel for the parties, the present petition is allowed and impugned Order no. DCJ/PS/2019/586-87 dated 15.10.2019 whereby the mutation No. 142/Jeem and 143/Jeem regarding land measuring 54 kanals 19 marlas of village Kangrail, Tehsil Bhalwal were attested in favour of the petitioners on change from the name of father of respondent No. 6-Mehak Anand, is set aside viz a viz the petitioners and respondent No. 13.
5. The present petition is ‘disposed of’, accordingly, along with connected application(s).
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