Jammu, Nov 24: In WP (C) No. 2910/2023 titled Tirath Ram and Ors. Vs UT of J&K and Ors. after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE O R D E R E D as:-
1. This Court is coming across with number of cases coming up in writ jurisdiction side whereby conferment of ownership rights, by reference to Government Order No. LB-6/C of 1958 dated 05.06.1958 read with Government Order No. S-432 of 1966 dated 03.06.1966 on the basis of long settled and recorded cultivating possession, are being claimed either by the actual recorded holders in cultivation of the land or their successors-in-interest.
However, the manner in which the operation of said two government orders with respect to ascertainment of the claim and conferment of ownership rights under said two government orders is to take place is not forthcoming from the said two orders, the authority who is to exercise the decision making in the matter of bestowing the ownership rights or declining the claims for grant of ownership rights is also not identifiable.
It is only in the course of writ petition that the matter is left to be resolved by this Court which remains pending unanswered for good long years without any adjudicatory end and that is the reason that there are very few citations obtaining on the subject matter.
2. The present case is also of the same league wherein the petitioners who themselves are senior citizen and middle aged sons of late Amar Nath and grandsons of late Bana Ram whose names are duly recorded in the revenue record not only in the form of record of rights (Jamabandi) but also continuing in the latest Khasra Girdawari.
Since, the nature of the land being state land as such the conferment of ownership rights qua the said land is not coming in their way constraining them to approach this Court with the present writ petition.
3. Considering the nature importance of the legal issue involved, issue notice to the respondents.
4. Mrs. Monika Kohli, learned Sr. AAG accepts notice on behalf of the respondent nos. 1 to 5 leaving notice only for respondent no. 6 to be issued.
5. Petitioners are directed to furnish registered postal cover for service of respondent no. 6 within seven days whereupon the Registrar Judicial, Jammu to issue registered postal notice to the respondent no. 6.
6. The reply/response to this writ petition on behalf of respondents nos. 1 to 5 shall come only from the end of the Commissioner/Secretary to the Govt, Revenue Department UT of Jammu and Kashmir in the light of the observations that have been made herein above.
It is made clear that any reply submitted by Deputy Commissioner, Jammu, Tehsildar Jammu, Naib Tehsildar Mandal and Patwari Halqa, Mandal shall only be with respect to the revenue record position and authenticity and genuineness of the revenue record produced herein by the petitioners whereas with respect to the reply on legal aspect the same shall come only from the Commissioner/Secretary to the Govt, Revenue Department UT of Jammu and Kashmir.
8. In the meantime, the recorded possession of the petitions qua the land in reference i.e., khasra no. 4/33/190 measuring 22 kanal 09 marlas situated in village chak Sure Tehsil Mandal, District Jammu shall not be disturbed.
9. This direction is however subject to the objection from the other side.
10. List again on 29.12.2023.
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