MOHD IRSHAD v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS
WP(C)/340/2025 · 2025-02-17
Moksha Khajuria Kazmi
body2025
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[ 2025 DAILYLAW 2046 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 2046 (JK) · dailylaw.ai ]
Judgment text
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Sr. No. 10
HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT JAMMU
WP(C ) No. 340/2025
Mohd.Irshad
…. Petitioner(s)
Through:- Mr Mohd. Zulfqar, Advocate
V/s
UT of J&K and ors.
…..Respondent(s)
Through:- Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG
CORAM : HON’BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 17.02.2025
1. In the instant petition, the petitioner herein seeks a direction upon the respondents especially respondent No. 3 to make necessary changes/modifying/rectifying the sale deed dated 15.09.2020 in accordance with new Fard dated 09.02.2024.
2. It is stated by learned counsel for the petitioner that the petitioner is owner and in possession of land measuring 05 marlas falling under khasra No. 1082-min Khata No. 147, and Khewat No. 12 min situated near Matador Stand, Sunjawan, Jammu which was bought from proforma respondent No. 1 through a sale deed dated
15.09.2020.
3. The petitioner approached respondent Nos 4 & 5 for issuance of Fard, the fard was issued on 07.03.2020 which mentioned the land details as Khasra No. 1072 min, Khata No. 07, and Khewat No. 64. It is further submitted that after purchasing the land, the petitioner approached the Municipal Corporation, Jammu on 01.12.2023 for
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approval of the construction plan of his house, however, the petitioner was informed that actually, the petitioner is owner of the land falling under khasra No. 1082 min, Khata No. 147 min and Khewat No. 12-min, as such, the details in the Fard dated 07.03.2020 issued by respondent Nos. 4 & 5 were incorrect.
4. The petitioner approached respondent No. 4 on 03.01.2024 for issuance of new Fard after discovering the discrepancies in the old fard. The new Fard was issued on 09.02.2024, reflecting the correct details of the land under possession of the petitioner.
5. It is further stated that the erroneous details mentioned in the Fard led to an incorrect entry in the sale deed, as such, the petitioner immediately approached respondent No. 3 on 03.02.02024, thereby seeking rectification of the sale deed but unfortunately, the application filed by the petitioner has not been decided by respondent No. 3, till date, which has compelled the petitioner to approach this Court by way of instant petition.
6.
Learned counsel for the petitioner states that the petitioner would feel satisfied if this petition is disposed of within a direction to respondent No. 3 to consider the application filed by the petitioner dated 03.02.2025 within a reasonable period of time.
7. Ms. Chetna Manhas, Advocate appearing vice Mrs. Monika Kohli, learned Sr. AAG for the respondents states that she is not averse to the proposition being made by learned counsel for the petitioner.
8. Be that as it may, the instant petition is disposed of with a direction to respondent No. 3 to consider the application filed by the
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petitioner dated 03.02.2025 within a period of four weeks from the date, a copy of this order is made available to respondent No. 3.
9.
Disposed of.
(Moksha Khajuria Kazmi)
Judge JAMMU 17.02.2025 Tarun/PS