.jpg)
Jammu, Sep 14: In WP(C) No. 2337/2023 CM No. 5456/2023 titled Lakshay Grover Vs UT of J&K and others after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE O R D E R E D as:-
1. The petitioner’s father Late Sh. Prem Prakash Grover was owner of land 3.4 kanals comprising khasra 376 in village Patti, tehsil Bari Brahmana, Jammu which he had purchased by virtue of a sale deed dated 17.11.2008 regarding which mutation no. 1246 was duly attested in favour of the petitioner’s father.
The petitioner’s father came to demise on 04.11.2022 and the mother of the petitioner had pre-deceased the petitioner’s father.
2. The petitioner along with his sister came to be the legal heirs to the estate of their father and in that respect, the petitioner came to seek a decree dated 24.04.2023 from the court of 2nd Additional Munsiff, Jammu declaring the petitioner entitled to inherit the said land of his father to the exclusion of the petitioner’s sister.
On the basis of this decree, the petitioner applied online for mutation of the land which came to be declined on 22.08.2023 by the Tehsildar, Bari Brahmana bearing reason that stamp duty deposited has to be clarified first.
3. It is against this rejection of his legitimate claim for mutation at the hands of the Tehsildar, Bari Brahmana that the petitioner has approached this Court.
4. Learned counsel for the petitioner submits that the rejection order by the Tehsildar, Bari Brahmana does not make any sense in the eyes of law as it does not bear a reference under which provision of law the stamp duty is reckoned to be payable and even if there is any such stamp duty to be payable then how much is to be payable was also not apprised to the petitioner and his application for mutation stood rejected.
5. Issue notice to the Tehsildar, Bari Brahmana.
6. Mrs. Monika Kohli, learned Senior Additional Advocate General accepts notice on behalf of the Tehsildar, Bari Brahmana.
7. This Court directs personal appearance of the Tehsildar, Bari Brahmana.
8. A copy of this order be provided to Mrs. Monika Kohli, learned Senior Additional Advocate General for the purpose of notice and compliance at the end of the Tehsildar, Bari Brahmana under the seal and signatures of the Bench Secretary of this Court.
9. List on 15.09.2023.
|