Mukesh Kumar v. Ut of J and K Th Commissioner Secretary to Govt Revenue Department and Others

ORDER

¶1The petitioner, through the medium of the instant writ petition filed under Article 226 of the Constitution of India, seeks direction upon the respondents 3 to 5 to demarcate the land measuring 15 marlas falling under Survey No. 671 min, situated at Revenue Village Muthi, Jammu, on spot, strictly in Serial No. 174

accordance with the existing revenue record and after following the procedure prescribed by law.

¶2The petitioner asserts that he is lawful and exclusive owner and is in settled possession of the aforesaid land, having been purchased, from its erstwhile owner namely Braham Dutt, in the year 1998, for a sale consideration of Rs.20,000/-, through a sale deed registered on 30.10.1998 before Sub Registrar (Muffassil) Jammu; that a neighbour of the petitioner has started interfering with the subject land, raising claim over the same as belonging to him, and that, in this behalf, he had approached the respondent no.3-Sub Divisional Magistrate, Jammu North, by way of an application/ representation, in the year 2023, requesting him for demarcation of the land by the competent revenue authorities, who was pleased to direct respondent no.4-Tehsildar Jammu North to do the needful, who in turn, forwarded the matter to the respondent no.5-Naib Tehsildar Jammu North for taking necessary action and conducting the demarcation, in accordance with the revenue record.

¶3It is alleged that despite the aforesaid direction and forwarding of the petitioner's request by the competent revenue authorities, no effective action was taken to demarcate the petitioner's land; that the petitioner, again, in the year 2025 submitted a fresh representation to the Sub Divisional Magistrate, Jammu North, requesting the necessary directions to be issued for demarcation of the subject land, however, despite, lapse of a considerable time, the respondents have failed to take effective steps upon the petitioner's representation and no demarcation has been conducted till date, as a result of which, the petitioner continues to face interference and uncertainty regarding

the boundaries of his own land. Finally, it has been prayed that the respondents be directed to undertake the demarcation of the subject land in accordance with existing revenue record and after following the procedure prescribed by law.

¶4Learned counsel for the petitioner submits that petitioner shall be satisfied if his petition is disposed of, at this stage, with a direction to the respondents 3 to 5, to take action on the application/representation dated 19.07.2025 of the petitioner and the aforementioned land belonging to the petitioner is demarcated at the earliest, so as to safeguard his rights, as an owner.

¶5Having regard to the assertions made in the petition, the submissions urged at the bar and the innocuous prayer, the writ petition is disposed of by directing the respondents to effect demarcation of land measuring 15 marlas falling under Survey No. 671 min situated at Revenue village Muthi, Tehsil Jammu North District Jammu, owned by the petitioner, expeditiously, preferably within a period of six weeks, from the date a copy of this order is served upon them.

¶6The writ petition is, accordingly, disposed of, along with interim application(s).

Jammu:

30.09.2026 Raj kumar

(M.A Chowdhary) Judge Whether the order is speaking?

Whether the order is reportable?

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Decided on: 30.09.2026 Uploaded on: 01.10.2026 Mukesh Kumar (50 years) S/O Isher Dass R/O Village Muthi, Near Ram Mandir, Ward No. 67, Tehsil Jammu North District Jammu …....Petitioners Through: Mr. Sumir Pandita, Advocate. Vs. 1. UT of J&K through Commissioner/Secretary to Govt. Revenue Department, Civil Secretariat, Jammu 2. The Deputy Commissioner, Jammu. 3. The Sub Divisional Magistrate, Jammu North. 4. The Tehsildar, Jammu North, District Jammu. 5. The Naib Tehsildar, Jammu North, District Jammu .…. Respondents Through: Mrs. Monika Kohli, Sr. AAG with Ms. Nisha Kangotra, Adv. CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE