Sr. No. 47 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3102/2024 CM No. 7671/2024 Pawan Kumar & ors. …. Petitioner/Appellant(s) Through:- Mr. Ajay Bakshi, Advocate V/s Union Territory of J&K & ors. …..Respondent(s) Through:- Mrs. Monika Kohli, Sr. AAG CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 01.01.2025 01. Petitioners seek a direction to respondent Nos. 3 & 4 to discharge their duty by conducting enquiry and pass a speaking order in terms of the order dated 29.09.2012 and order dated 06.10.2022 passed by respondent Nos. 2 & 3. 02. The contention of the petitioners is that respondent No. 5 has filed an appeal before respondent No. 2 against the order of Mutation No. 1165 of village Gandharwan, Tehsil Akhnoor District Jammu attested under Section 4 of the Agrarian Reforms Act with respect to the land falling under Khasra No. 2332/614 measuring 03 Kanal 19 Marlas situated at village Gandharwan, Tehsil Akhnoor District Jammu. 03. The respondent No.2 accepted the appeal vide order dated 29.09.2012 and set aside the mutation to the extent of 03 Kanal 19 Marlas of land and the case was remanded to respondent No.4 for de novo enquiry and order was sent to the Tehsildar Akhnoor for fresh 2 enquiry in the presence of the parties on spot to pass appropriate order under law. 04. Learned counsel for the petitioners submits that the petitioners, accordingly, moved an application to Tehsildar Akhnoor to take decision on enquiry dated 03.10.2013 in terms of order dated 29.09.2012 passed by the Joint Agrarian Reforms (with the powers of Commissioner Agrarian Reforms), Jammu. Though the petitioners have approached the office of respondent No. 4 but till date nothing has been done in this regard. The respondents have not performed their statutory duty. 05. Learned counsel for the petitioners submits that the land of the petitioners was acquired by the National Highway Authority for widening the road and some of the portion of their land was also acquired and an award was also passed by the concerned authority and the name of the petitioner was also reflected in the award passed by the Deputy Commissioner Jammu but the same could be released as the mutation of the land was set aside by respondent No. 2. 06. The petitioner is aggrieved of the fact that the respondents have failed to perform their statutory duty and hold the enquiry in terms of the order dated 29.09.2012. Reliance in this regard is placed on a judgment titled Ram Lal & ors. State of J&K & ors. reported as 2021 (4) JKJ (HC) 148. 07. Notice, waived by Mrs. Monika Kohli, learned Sr. AAG on behalf of the respondents and submits that she has no objections to the same. 3 08. With the consensus of learned counsel for the parties, this writ petition is disposed of by directing respondent No. 4 to proceed in terms of the order dated 29.09.2012 by holding enquiry in presence of the parties on spot and pass appropriate orders, after hearing both the parties, within a period of two months from the date copy of this order is made available to the respondent No. 4 by the petitioners. 09. This writ petition stands disposed of in the above terms. (SINDHU SHARMA) Judge JAMMU RAM MURTI/PS 01.01.2025 Ram Murti 2025.01.03 12:46 I attest to the accuracy and integrity of this document