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news details
High Court declines to try petition which requires oral evidence
1/12/2018 10:18:55 PM
Early Times Report

Jammu, Jan 12: A Single Bench of High Court has dismissed the petition for being non considerable under its jurisdiction, ruling that the petitioner under Article 226 of Constitution of India was at liberty to avail all other legal remedies available to him under law. The case of the petitioner (Tahira Bano) is that she purchased land measuring 4 Kanals through the execution of a registered sale deed at village Rawalpora in the year 1981. The land stands mutated in revenue records in favour of the petitioner vide Mutation order No. 2451. Divisional Commissioner Kashmir issued order of cancellation of various mutations in the area on the reports that State land has been changed into proprietary land through the connivance of unscrupulous revenue officials. However, the mutation of the petitioner shown in intact and was not cancelled.
Later on Financial Commissioner (Revenue) J&K confirmed the orders of Divisional Commissioner. Notices issued to some land owners by AC(R) to produce their title deeds. However, newspapers reports about the evil intentions of the Revenue officials and their modus operandi and suspected that the excuse of loss of Akselatha was a deliberate mischief of the Revenue Officials. The new demarcation was not satisfactory. It was urged that the scandal should be investigated by honest people as some revenue officials were arrested by the Crime branch of Police. The plight of 200 families having suffered due to land scam was highlighted.
Accordingly, the matter was referred to the concerned Tehsildar for doing the needful. Justice Sanjay Kumar Gupta considered the arguments of learned counsel for the petitioner and respondents wherein learned counsel for the petitioner has argued that during the pendency of the writ petition, he has challenged the mutation no 4685 of Estate Rawalpora before the Divisional Commissioner, Kashmir. The Divisional Commissioner, Kashmir has stayed the impugned mutation vide order dated 17.8.2011. He has argued that during the pendency of this writ petition, Crime Branch filed a status report, which vindicated, the stands of petitioner. The complainant further stated that she was surprised to know the transfer of her land by virtue of a fake and fraudulent gift deed purportedly executed in the year 1994 in favour of Wali Mohammad Sheikh. The above named Wali Mohammad Sheikh had a furtherance of a criminal conspiracy with the revenue officials of manipulated a gift deed and mutated the land in his favour. The said Wali Mohammad Sheikh has subsequently sold the land to a third party in-lieu of hand-some amount etc.
Law is clear that a writ petition involving serious disputed questions of facts which require consideration of evidence which is not on record, will not be entertained by a court in the exercise of its jurisdiction under Article 226 of the Constitution of India. When the petition raises questions of fact of a complex nature, which may for their determination require oral evidence to be taken, and on that account it may not appropriately be tried in a writ petition, the High Court may decline to try a petition. Justice Sanjay Kumar Gupta dismissed the petition with a direction that the petitioner is at liberty to avail all other legal remedy available to him under law.
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