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2025 DAILYLAW 5349 (JK)

SANTOOSH AND OTHERS v. UT OF J AND K TH SECRETARY TO GOVT REVENUE DEPT J AND K AND ANOTHER

WP(C)/2919/2024 · 2025-03-04

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2919/2024 Santosh and ors. …..Appellant(s)/Petitioner(s) Through: Mr. Amit Gupta, Advocate vs UT of J&K and anr. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 04.03.2025 1. Despite opportunity granted to the respondents, the reply has not been filed. Learned counsel for the petitioners has submitted that the controversy involved in this petition stands already adjudicated by this Court. 2. Under such circumstances, this Court heard the learned counsel for the parties and perused the record. 3. Prayer made in the present petition is for quashing the order dated 06.12.2024 passed by the respondent No. 2, by virtue of which, the application of the petitioners for issuance of revenue extracts for sale of the land measuring 02 Kanals 9 Marlas 3 sersai (petitioner no. 1 to 3 are owners in possession over 9 marlas each and petitioner no. 4 over 2 marlas 3 sersai) comprising Survey No. 25 Khata No. 202 Khewat No. 47 situated at Chak Bagla Tehsil Vijaypur District Samba Serial No. 27 2 WP(C) No. 2919/2024 has been rejected. Further prayer has been made by the petitioners for directing the respondent No. 2 to prepare the revenue papers for sale purpose. 4. The case projected by the petitioners is that they are the owners in possession of the land mentioned above and they had applied online before respondent No. 2 for issuance of revenue extracts in respect of the land mentioned above, however respondent No. 2 rejected the application on the ground that prior permission in terms of Government Order No. S-432 of 1966 dated 03.06.1966 has not been obtained. It is contended by the petitioners that bar contained in the above mentioned Government order was considered and adjudicated by the Co-ordinate Bench of this Court in cases titled as ‘Mohammad Akbar Shah vs. State of J&K & ors.’ (AIR 2017 J&K 14) and Angrez Singh vs. U.T. of J&K & ors.’ (AIR Online 2023 J&K 553). 5. As the controversy has already been considered and adjudicated upon by the Co-ordinate Bench of this Court, the present petition is disposed of by directing the respondent No. 2 to issue revenue extracts for sale of land measuring 02 Kanals 9 Marlas 3 sersai (petitioner no. 1 to 3 are owners in possession over 9 marlas each and petitioner no. 4 over 2 marlas 3 sersai) comprising Survey No. 25 Khata No. 202 Khewat No. 47 situated at Chak Bagla Tehsil Vijaypur District Samba in favour of the petitioners provided there is no other legal impediment, making it clear that Government Order No. S-432 of 3 WP(C) No. 2919/2024 1966 dated 03.06.1966 shall not come in the way of the petitioners for the purpose of issuance of revenue extracts. 6. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 04.03.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.03.06 15:12 I attest to the accuracy and integrity of this document