Jammu, Dec 4: In WP(C) No. 2190/2021 titled Mohd. Yousuf and another Vs UT of J&K and others after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDERED as:-
01. This is a case which has come up with a very peculiar situation in the form of two contradictory reports generated by the district revenue establishment of Rajouri in the context of land in village Manjakote.
02. A revenue demarcation report dated 15.07.2020 came to be submitted pursuant to the direction of the Tehsildar Manjakote.
This report came to be submitted by three revenue officials’ based commission headed by the Naib Tehsildar, Manjakote. In this report, which is on record as annexure-III to the writ petition, there is a finding to the fact that on the state land comprised in khasra no. 413 there is a shop built by Mohd. Yousuf and thus means to say that the site of the shop is at the state land.
03. Contrary to this report, another commission, which this time came to be set up by the Assistant Commissioner (Rev), Rajouri at the instance of said Mohd. Yousuf, who is the petitioner no. 1 herein, in terms of an order no. DCR/2020-21/SQ/1425-35 dated 02.12.2020 comprising of five revenue officials came up with a report dated 09.09.2021 in terms whereof site of the very same shop of the petitioner no. 1 – Mohd. Yousuf is said to be in khasra no. 547.
04. The aforesaid two reports have come up with a glaring contradiction on the part of the revenue officials that one commission in 2020 is on record that the site of the shop is a state land and the other commission going on to say that the site of the very same shop is on private khasra no. 547. 05.
This contradiction has least bothered the district revenue administration, meaning thereby as if the identification/ demarcation of the sites and plots under revenue dispensation is a matter of whims and fancies of the revenue officials comprising a given commission constituted for demarcation of land.
06. The matter is of serious nature that whether state land is under the shop, as such, this Court directs the Financial Commissioner Revenue, UT of Jammu & Kashmir to take cognizance of the matter and come up with a report as to what is the correct position obtaining as on spot.
In case, the position so verified is contrary to any of the two revenue commission reports then, accordingly, proceed against the revenue officials who have gone on record to put up a false report of nishandehi be it against or in favour of the petitioner.
Let the requisite exercise be got done by the Financial Commissioner Revenue, UT of Jammu & Kashmir within a period of four weeks from the date of receipt of this order.
07. Copy of this order be provided to Mrs. Monika Kohli, learned Sr. AAG for the purpose of notice and compliance at the end of the Financial Commissioner Revenue, UT of Jammu & Kashmir.
Registry is also directed to provide a copy of this order along with the said two revenue reports i.e. dated 15.07.2020 (annexure-III) & dated 09.09.2021 (annexure-IV) to Mrs. Monika Kohli, learned Sr. AAG.
08. List this case for submission of the aforesaid report on behalf of the Financial Commissioner Revenue, UT of Jammu & Kashmir on 09.02.2024.
09. In the meantime, interim direction to continue till next date of hearing.
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