WP(C)/4565/2019 of CHANCHAL KOUR Vs UNION TERRITORY OF J AND K TH SECY REVENUE DEPTT AND ORS on 31 December 2019

ORDER

01. It s submitted that Avtar Kour W/o Sh. Gurdip Singh, R/o Raipur Gujran R.S. Pura District Jammu, the mother of the petitioner, was the owner in possession of land measuring 32 kanals comprising in different khasra numbers of Revenue Village Raipur Gujran, Jammu. It is claimed that during her lifetime, she had executed a Will Deed in favour of the petitioner with regard to the aforesaid property. Further, it is stated that the said Avtar Kour died on 15.01.2018, leaving behind only the petitioner as the sole legal heir.

02. The grievance of the petitioner is that after death of her mother, she has been approaching the respondent No. 3, i.e. Tehsildar for attestation of mutation of inheritance with regard to the property of the said Avtar Kour, but no action on her application is being taken by the respondent No. 3. It is, thus, submitted that the respondent No. 3 is under statutory obligation under the Land Revenue Act to attest the mutation and in case of failure to perform his duties, respondent no. 3 can be directed by this Court by way of mandamus.

03. Having heard learned counsel for the petitioner and perused the record, I am of the view that the respondent No. 3 is under statutory obligation to decide the application of the petitioner for attestation of the mutation of inheritance. The attestation of mutation requires an enquiry in the matter and in case, it is found that there is a change in the rights of the parties with regard to the land, the same is required to be incorporated in the revenue records/record of rights by attestation of mutation. Elaborate procedure has been laid down in the rules framed under the Land Revenue Act for attestation of mutation. It is also, thus, not within the jurisdiction of the respondent No. 3 to sit over the matter and decline to pass the appropriate orders.

04. In view of the aforesaid factual backdrop, this petition is disposed of by providing that in case, the application/representation of the petitioner for attestation of the mutation of inheritance of her mother is pending before the respondent No. 3, the same shall be considered in accordance with the provisions of the Land Revenue Act and the rules framed there under for attestation of mutation and he shall pass the appropriate orders on merits within a period of four weeks from the date of a certified copy of this order is served upon the respondent No. 3.

05. This petition is, accordingly, disposed of.

(Sanjeev Kumar) Judge

JAMMU 31.12.2019 Shammi

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No