Demarcation is not to be done for the purpose that the Deputy Commissioner, Jammu pleases it to be done.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 17th of October, 2022 in which the court upheld the petition and stated that the order impugned is a product of the mechanical application of mind on the part of the respondent and as such is bad in the eyes of law. The order impugned no. This was seen in the case of Sanjeev Khajuria vs Ut Of J&K And Others (WP(C) No. 1448/2021 CM No. 5797/2021). The case was presided over by The Honourable Mr Justice Rahul Bharti
FACTS OF THE CASE:
The petitioner is an owner in possession of a plot of land. The title of the petitioner as the owner of the land is by virtue of a duly registered sale deed. The petitioner’s grievance, which has constrained him to file the present writ petition under article 226 of the Constitution of India before this Court, emanates from an order passed by the Deputy Commissioner. This order finds the petitioner in a state of concern in view of the fact that the petitioner’s ownership is in possession. The petitioner questioned the legality and illegality of the said order.
The petitioner is holding the title of ownership qua plot of land by the fact that the execution and registration of the sale-deed were affected on the basis of duly issued revenue record in the form of Fard Intikhab Jama Bandhi and site map of the said plot by the revenue officials concerned. Thus, the title of the petitioner and the antecedent title of the owners of the land of the said plot of land before the petitioner are unquestionable and undisputed.
JUDGEMENT:
As there was no reason stated by the respondent in the impugned order for the demarcation of the sale deed, it renders the order ex-facie invalid. The court held that the demarcation is not to be done for the purpose that the Deputy Commissioner, Jammu pleases it to be done rather it is done under the provision of the land revenue act.
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JUDGEMENT REVIEWED BY KRITI GUPTA