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2025 DAILYLAW 3503 (JK)

MOHAN SINGH AND ANOTHER v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS

WP(C)/1426/2025 · 2025-06-03

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 29 SUPPLEMENTARY LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) 1426/2025 MOHAN SINGH AND ANR. …Petitioner/Appellant(s) Through: Mr. Sanjeev Kumar, Advocate Vs. UT OF J&K AND ORS. ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 03.06.2025 1. Heard. 2. The case of the petitioner in nutshell is that they are owners in possession of land measuring 1 Kanal falling under Khasra No. 72, Khewat No. 200 and Khata No. 382, situated in village Nougran, Tehsil Bishnah, District Jammu, by virtue of a Sale Deed dated 17- 10-2024 duly registered by the Sub-Registrar, Jammu South-I. That besides they are individually the owners of land measuring 1 Kanal 4.5 Marlas and 1 Kanal 5.5 Marlas respectively, falling under Khasra No. 70, Khewat No. 199 and Khata No. 381, situated in village Nougran, Tehsil Bishnah, District Jammu, as per the Sale Deeds dated 23-07-2024. That after the registration of the Sale Deeds in their favour, they applied for attestation of mutations before the respondents in terms of the Sale Deeds on several times but in vain. That they also got the legal notices served on the respondents requesting them to attest the mutations under law as per their Sale Deeds but the respondents again turned deaf ears to them. 3. The petitioners have accordingly sought the issuance of directions/writs in the nature of mandamus for commanding upon the respondents to attest the necessary mutations with respect to the land covered under the aforementioned Sale Deeds in their favour. 4. I have heard the learned counsel for the petitioners and considered his submissions. The learned counsel inter alia submitted that the matter can be decided even at this threshold stage by passing of appropriate directions in consonance with law, which are not likely to prejudice the interests of the other side. I have gone through the memo of petitions and copies of documents enclosed with the same by way of annexures thereto. 5. This Court in the facts and circumstances of the case is of the opinion that as rightly submitted by the learned counsel for the petitioners, the matter can be disposed of even at this threshold stage by passing of appropriate orders in consonance with the law which shall not prejudice the legal interests of the other side. 6. Accordingly, the instant petition is disposed of at this threshold stage with the direction to the respondents to address under law the representations/applications verbal and written of the petitioners regarding attestation of needful mutations in respect of the Sale Deeds in question without any further delay. It is needless to mention that concerned Revenue officer authorized/empowered to attest mutations has to address under law a request, written or verbal of a purchaser of land on the basis of a duly executed and registered Sale Deed for attestation of such mutations. Respondent No. 3, shall submit a status report to the Registry of this Court within a period of four weeks. 7. Disposed of. (MOHD YOUSUF WANI) JUDGE JAMMU: 03.06.2025 Akhil Dev