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2025 DAILYLAW 3691 (JK)

BABA SHIV RAM DASS v. U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND ANOTHER

WP(C)/1548/2022 · 2025-09-16

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1548/2022 Baba Shiv Ram Dass …..Petitioner(s) Through: Mr. K. S. Puri, Advocate. Vs UT of J&K & Anr. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG with Ms. Chetna Manhas, Advocate. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 16.09.2025 1. Heard and considered. 2. The grievance of the petitioner is that he had applied for attestation of mutation of inheritance before respondent No. 2 on the basis of the registered will executed by Shri Ram Milan Dass Ji Chela Mahant Shri Khem Dass Ji Mahant of Shri Ram Janki Mandir also known as Mandir Shri Raghunath Ji Maharaj, Thakur Dwara Udheywala (Muthi), Lane No. 2, Udheywala, Jammu but no decision is being taken by the said respondent on his application. 3. The stand of the respondents is that Fard Patwar in respect of mutation No. 1303 relating to khewat No. 74, khata No. 501 to 505 in respect of the land situated at village Udheywala, Muthi, Jammu has been seized by the vigilance organization in connection with investigation relating to FIR No. 4/2011 as a result whereof no action can be taken in the matter. Sr. No. 13 2 WP(C) No. 1548/2022 4. It has been further contended that Baba Ram Milan Dass was not conferred the proprietary rights over the temple in question and he was only Mohatmam (Manager), therefore, mutation of the inheritance cannot be attested in favour of the petitioner on the basis of the deed of will executed by him in his favour. 5. Without going into the merits of the contentions raised by the respondents in their reply, one thing is clear that respondent No. 2 has to take a decision on the application which the petitioner has made before him. If respondent No. 2 is not convinced with the claim of the petitioner, he is at liberty to pass an appropriate order but in no case, the said respondent can keep the application of the petitioner pending merely on the basis that the Fard Patwar is lying with the vigilance organization. 6. In view of the above, the writ petition is disposed of with a direction to respondent No. 2 to pass appropriate orders in accordance with law on the application of the petitioner for attestation of mutation of inheritance most expeditiously preferably within a period of one month, a certified copy of this order is made available to the respondents by the petitioner. 7. Disposed of, accordingly. (SANJAY DHAR) JUDGE JAMMU 16.09.2025 Shivalee Whether the order is speaking: Yes Whether the order is reportable: No Shivalee Khajuria 2025.09.17 15:07 I attest to the accuracy and integrity of this document Jammu