HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1735/2025 Rahul Singh & Ors. .....Applicant(s)/Petitioner(s) Through :- Mr. Koshal Parihar, Advocate v/s UT of J & K & Ors. .....Respondent(s) Through :- Ms. Saggira Jaffer, Assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 09.07.2025 1. By this petition under Article 226 of the Constitution of India, petitioners are seeking the following reliefs: a) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents, more particularly respondent no. 3 to attest the mutation of land measuring 15 Kanals 01 Marlas comprised in Khasra No. 18, situated at Village Gurha Brahmana, Tehsil Jammu North, District Jammu in favour of the petitioners being the legal heirs of the original allottee namely Sardar Singh, S/o Shri. Prithvi Singh, in reference to the application dated 28.02.2023, filed by the petitioners with the respondent no. 3, within such time frame as may be stipulated by this Hon’ble Court. b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to retrieve the land 15 Kanals 01 Marlas comprised in Khasra No. 18, situated at Village Gurha Brahmana, Tehsil Jammu North, District Jammu, which is under the illegal occupation and possession of certain unscrupulous persons and restore the same in favour of the petitioners. 2. The short controversy involved in the instant petition is that the predecessor-in-interest of the petitioners, being the displaced person and being the head of the family, was allotted land measuring 48 Kanals comprised in Khasra No. 26, 27, 29, 30, 268/25, 18, 8 and Sr. No. 123 2 WP (C) No. 1735/2025 9min. in terms of Cabinet order No. 578-C of 1954 dated 07.05.1954, however, some portion of land falling in Khasra No. 18 was unlawfully encroached by some other persons. 3. The further case of the petitioners is that in connivance with the revenue officials, one of the illegal encroachers namely Munshi Singh, who is in actual and physical possession of the land, fabricated some revenue records and got his name entered in the Khasra Girdawari as allottee of the land, whereas, Munshi Singh was neither a displaced person of 1947 nor was an allottee of land comprised in Khasra No. 18, however, he got his name entered in the revenue records as an allottee without there being any allotment order or document. 4. Owing to the illegal encroachment (supra), the petitioners filed a written application dated 28.02.2023 along with all relevant documents before the Respondent No. 3-Tehsildar, Jammu North, Janipur, Jammu for attesting the mutation of land measuring 15 Kanals 01 Marlas comprised in Khasra No. 18 in their favour by banking upon the Alif Form under which the said land in addition to rest of the land was allotted to predecessor-in-interest of the petitioners. The said respondent on receipt of the application (supra) called for a report from the Patwari concerned, who submitted a detailed report over the application and subsequent thereto, Respondent No. 3 directed the Patwari concerned to enter the mutation, however, nothing has been done till date. 5. Mr. Koshal Parihar, learned counsel appearing on behalf of the petitioners submits that the petitioners would feel satisfied if the 3 WP (C) No. 1735/2025 Respondent No. 3 is directed to consider the application filed by the petitioners within some reasonable period of time. 6. Confronting with the same, Ms. Saggira Jaffer, Assisting counsel to Mrs. Monika Kohli, learned Sr. AAG appearing on behalf of the respondents submits that she is not averse to the proposition made by learned counsel for the other side. 7. In the aforesaid backdrop and with the consent of learned counsel for the parties, this Court deems it appropriate to dispose of the instant petition, at this stage, without issuing any formal notice to the respondents, by directing the respondents, particularly Respondent No. 3-Tehsildar Jammu North, Janipur, Jammu, to consider the application dated 28.02.2023 filed by the petitioners, strictly in accordance with law, by passing a speaking order, within a period of two months from the date, copy of this order is served upon him. 8. Disposed of, along with connected application(s), if any. (Moksha Khajuria Kazmi) Judge JAMMU 09.07.2025 Manan Manan Mahajan 2025.05.24 10:32 I attest to the accuracy and integrity of this document