Early Times Report
Jammu, Sept 30: Just 30 kilometers from the winter capital, it seems there are no rules in Bishnah, as the land mafia with connivance of Revenue and Police Department is fleecing gullible people.
According to documents available with Early Times, in 2009 the then Tehsildar Bishnah deleted Girdawari entry of Lekh Raj son of Prem Dass, in Khasra number 507 measuring without verifying the physical possession.
Lekh Raj has taken over the possession of Khasra number 507 measuring 6 Marlas from Kohra Ram son of Chajju Ram, in the April 1990 for period of 50 years on lease, but the same entry on land was deleted by Tehsildar.
However, the victim of autocratic Revenue Officials' Lekh Raj challenged the order in the court of Regional Director Survey and Land Records, Ex-Officio-Settlement Officer.
They said that during the course of proceeding in court of Regional Director Survey and Land Records, it was observed that standard procedures were ignored while deleting the entry.
"It is contended that the Tehsildar Bishnah vide his order dated 19/10/2009 has stated that Lekh Raj has not his possession of Khasra number 507, but he has possession on Khasra number 506.
However, it is stated that the Girdawar through Badar had entered the name Lekh Raj in Khasra number 507 as per the spot but the Girdawar in not competent to make such entry.
It is submitted by Learned Counsel that the Patwari has verified and found Lekh Raj in possession of Khasra number 506, and entry made in Khasra number 507 was wrong and contrary to the spot position", order issued by the court read.
The order further read that the Khasra number 506 is 4K-14Mls while as Khasra number 507 measures 13 Mls and the land is allotted to Kohra Ram son of Chejju Ram, being the displaced person, who has parted with 6.5 Marlas of land out of Khasra number 506, but agreement was wrongly executed for Khasra number 507.
"The Settlement Officer vide order date 26/10/2009 has remanded the case to Tehsildar for passing fresh orders, so while passing the fresh orders, he ought to have visited the spot himself, which not been done", the order further read.
However, the respondent set exparte but there is a stand taken by him on record, that the court does not have jurisdiction, as the Tehsildar has passed the order as Assistant Custodian, as the said land being custodian property.
"However, I am not convinced by this argument as the Tehsildar has not stated the same while passing the order that he has exercised his jurisdiction as Tehsildar Assistant Custodian. There is no reference to it that Tehsildar has acted as Assistant Custodian. Since, the order is exparte, the appeal succeeds.
The order is set aside. However Tehsildar will pass fresh order on spot in the case is covered under section 3-A of the Agrarian Reforms Act, for transferring of the occupancy rights only, but in presence of both parities", the order read.
Meanwhile, according to Lekh Raj despite lapse of more than month, when order was issued by the Director Survey and Land Record, nothing has been done on ground by the Revenue Department.
He alleged that he had constructed a temporary house on said land, but other party demolished the structure kept away bricks and other material.
"The matter was brought into notice of the concerned Police, but the police is not taking the matter seriously", he alleged and added that it seems that the police too have hands in glove with other party. |
