JAMMU, FEB 12: In a case titled ‘Mahan Singh and others v/s Union Territory of Jammu and Kashmir and others’, the Jammu & Kashmir and Ladakh High Court has directed the Deputy Commissioner, Kathua to consider and pass a speaking order on the application of the petitioner within four weeks’ time from the date copy of the judgement is received by him.
Justice Sanjeev Kumar further ordered that till the appropriate orders on the application of the petitioners are passed by the Deputy Commissioner, there shall be status quo with regard to land which is the subject matter of petition.
Hon’ble Justice Sanjeev Kumar while disposing off the petition 3 WP (C) no: 207/2023 directed the petitioners to serve a copy of the judgment along with copy of the petition upon the aforesaid respondent within a period of two weeks from the date of the judgement.
In the petition the petitioners had submitted that they are in cultivating possession of land measuring 14 kanal comprised in Khasra no: 120 and 06 kanal 04 marlas comprised in Khasra no: 915 situate in Village Plakh, Tehsil Basohli, District Kathua [“Subject land”] for the last more than five decades. Relying upon the Jamabandi of year 1965-66 and Khasra Girdwari of 1971 & Kharif 1974 they asserted that they are entitled to be conferred the ownership rights under Section 3(n) of J&K Agrarian Reforms Act, 1976 and in terms of Government Order no: Reh-371 of 1971 dated 09.09.1971.
However, the petitioners apprehending that the respondents may throw them out of the subject land otherwise than following due course of law and deprive them of their right to livelihood, approached the Deputy Commissioner, Kathua for considering their request to confer the benefit of Section 3(n) of the J&K Agrarian Reforms Act, 1976 or in the alternative by conferring the ownership rights in terms of Government Order no. Reh-371 of 1971 dated 09.09.1971. However, no action on the application submitted by the petitioners had been initiated till 09.11.2022, they alleged.
While the notice to respondents was waived by Ms. Priyanka appearing vice Mrs. Monika Kohli Sr. AAG, Justice Sanjeev Kumar took up the matter for final consideration. After hearing the counsels for the parties and perusing material on record, Justice Sanjeev Kumar held that before any action adverse to the petitioners is taken, the Deputy Commissioner, Kathua is under an obligation to dispose off the application filed by the petitioner on 09.11.2022. This petition is accordingly, disposed of with a direction to Deputy Commissioner, Kathua to dispose the application within four weeks and maintain status quo with regard to land which is subject matter of the petition/ application.
Advocates Ankur Sharma and Himani Khajuria appeared before the High Court on behalf of the petitioners.
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