Amit Padha v. Ut of J and K Th Secretary to Govt Revenue Dept J and K and Others

ORDER

13.12.2024.

¶1The petitioner after arguing for a while submits that he will be satisfied that in case a direction is issued to the Deputy Commissioner i.e. Respondent No.2 to accord consideration to the application filed by the petitioner (which inadvertently has been referred to have been field by the petitioners in WP(C) No. 3249/2024) for attestation of the mutation of the land in question within some reasonable period.

¶2Learned counsel for the petitioner has also brought the attention of the Court to a communication in this regard issued by the Tehsildar Nagri, Parole, to the Deputy Commissioner, Kathua dated 02.08.2024, whereby, the Tehsildar has admitted that in compliance to the direction passed by this Court in WP(C) No. 3249/2004 decided on 13.03.2024, the concerned Tehsildar has issued Fard in favour of the applicant/petitioner herein on 12.04.2024 and pursuant thereto, the petitioner has registered the document with the competent Court i.e. Sub-Registrar, Kathua. Consequently, the petitioner has submitted an application on 13.07.2024 for attestation of the mutation for the land which till date has not been decided by the Tehsildar and the matter has been referred to Deputy Commissioner, Kathua Sr.No. 94

for guidance on the issue whether the registered documents which vests ownership in favour of the vendor/petitioner herein as per Government order No. S-432/1966 should be attested.

¶3Learned counsel for the petitioner submits that the concerned Tehsildar is sitting over the said application and not decided the same and feeling aggrieved of the same, the petitioner has approached this Court for seeking a direction to the concerned Tehsildar to decide the application of the petitioner.

¶4Heard learned counsel for the petitioner at length and perused the material on record.

¶5Issue notice which is waived by Ms. Aparna Gupta, learned counsel on behalf of the respondents and she is not averse to the disposal of the writ petition by treating the instant writ petition as a representation, however, in case the same is directed to be accorded consideration strictly under rules as per law.

¶6With the consent of the learned counsel for the parties, the instant petition is taken up for disposal at the very threshold without issuing formal notice to the respondents by directing respondent Nos. 2 and 3 to treat the instant petition as a representation and accord consideration to the same with respect to the averments pleaded in the instant writ petition within a period of six weeks from the date a copy of this order alongwith the writ petition and annexures are made available to the said respondents strictly under rules and as per law.

¶7Writ petition, as such, is disposed of.

¶8The order of consideration which is likely to be passed be forwarded to the petitioner through registered post.

(Wasim Sadiq Nargal) Judge Jammu:

13.12.2024. Neha-1

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2920/2024 Amit Padha …. Petitioner(s) Through :- Ms. Amit Gupta, Advocate. V/s UT of J&K and Ors. ….Respondent(s) Through :- Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE