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HC issues Contempt Notice to Commr/ Secy Revenue, Tehsildar Doda; directs to file compliance report
6/10/2023 11:05:21 PM
Early Times Report
JAMMU, June 10: The High Court of Jammu & Kashmir and Ladakh at Jammu comprising of Justice Rajnesh Oswal has issued a contempt notice to Piyush Singla IAS, Commr/ Secretary to Govt Revenue Department and Shabir Ahmed Tehsildar Doda in a contempt petition filed by petitioner Sadhu Ram Bhagat through A K Sawhney, Aseem Kumar Sawhney Advocates assisted by Amit Sharma, Tahseena Bukhari and Kartik Upadhaya Advocates.
Adv. Aseem Kumar Sawhney while making submissions before the Bench that despite directions of the High Court to pass a speaking order the respondents have deliberately not obeyed the order of the High Court thus defying the dictum of the Court for which they are liable to punished for contempt of the Court. It may be submitted that in case the contempt is proved the officers may have to face punishment of 6 months and fine under the provisions of the Contempt of Court Act.
Adv. Sawhney had submitted in the petition that the Petitioner had filed a writ petition wherein he had sought directions to the respondents herein contemnors to confer the benefits of cabinet order no S 432 of 1958 issued by Revenue Deptt. of J&K Govt. to which Petitioner is fully entitled. The mutation of the land Kh. No. 106 of measuring 32 Kanals and 10 Marla of Patwar Halgua, Village Phargota Tehsil and Distt. Doda to be attested under LB 6-C. That mutation dated 1-5-1965 was attested vide mutation no. 125 and the objections were filed by the respondents wherein the claim of the petitioner was admitted. The High Court vide order dated 20.2.2023 in this writ petition directed as follows (relevant excerpt):
"In this petition, the petitioner is primarily seeking a direction to the respondents to confer the ownership rights of the land measuring 32 kanals and 10 marlas falling under khasra No. 106, Patwar Halqa Trown, Village Phangota, Tehsil and Distt. Doda ["the subject land"] in terms of Government Order No. S 432 of 66 dated 03.06.1966. It is submitted that father of the petitioner was declared as tenant at will in terms of LB-6 of 1958 and a mutation in this regard was attested. After the death of his father, the petitioner was entitled to be conferred the ownership rights in terms of Government Order No. S 432 of 66 dated 03.06.1966, but the same were not conferred by the Revenue Agency for one reason or the other. It is submitted that, in the meanwhile, the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001 ["the Act of 2001 ] came into force and a mutation under the said Act came to be attested in favour of the petitioner. 2 Learned counsel appearing for the petitioner fairly submits that pursuant to the judgment passed by the Division Bench of this Court in the case of Professor S.K.Bhalla vs. State of J&K, the Act of 2001 was declared unconstitutional and all mutations attested thereunder set aside. It is submitted that the case of the petitioner squarely falls under Government Order Sr. No. 7 2 No. S 432 of 66 dated 03.06.1966 and, therefore, the same is required to be considered under the said Government Order. Learned counsel submits that the petitioner has already approached the Tehsildar, Doda in this regard who has sent for report from the Patwari concerned, but no further action is being taken. 3 Having heard Mr. Sawhney learned counsel appearing for the petitioner and perused the material on record, I am of the view that this petition deserves to be disposed of with a direction to the Tehsildar, Doda, who is seized of the matter, to consider and pass a speaking order on the application/representation, stated to have been made by the petitioner on 06.12.2022 for conferment of ownership rights in terms of Government Order No. S 432 of 66 dated 03.06.1966. Ordered accordingly. The Tehsildar concerned shall also take note of the fact that the father of the petitioner was claimably declared tenant at will in terms of LB-6 of 1958.
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