Case Details

Citation(s)
2018 SLG 515 2018 SLD 515 2018 CLC 494
High Court (AJ&K)
W.P. No. 686 of 2013, decision Date : 14-11-2017.
MOHAMMAD SHERAZ KIANI, JUSTICE
Muhammad Yaqoob Khan Mughal for Petitioners.

MUNIR ATTA SHEIKH AND 12 OTHERS

VS

DEPUTY COMMISSIONER/COLLECTOR DISTRICT MUZAFFARABAD AND 4 OTHERS

Law:

Section:

Land Revenue Act (XVII of 1967) --- ----Ss. 43, 44 & 163---Mutation---Scope---Cancellation of mutation by the Revenue Officer---Correction of entries in the revenue record---Scope---Contention of petitioners was that they were owners in possession of suit land and Revenue authority intended to cancel the mutation without observing law and rules on the subject---Validity---Mutation could not be treated as sacrosanct and untouchable---Revenue authority was competent to make correction of any wrong entry at any time even on his own motion---Competent authority could not be stopped from making any lawful act---When law had vested powers upon the revenue officials to make correction through prescribed mode in the entries recorded in any mutation or even in periodical record then there was no justification for High Court to issue a prohibition from doing a lawful act---Only an unlawful act could be restrained under the writ jurisdiction--If any correction was made by the revenue authority then aggrieved party would have remedy by way of appeal or revision before the higher forum--Writ petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MOHAMMAD SHERAZ KIANI, J.--- Through this petition filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, petitioners have implored the following relief:- "It is therefore, very humbly prayed that the writ petition may kindly be accepted and appropriate writ in favour of petitioners against the respondents may kindly be issued whereby the respondents may kindly be restrained and prohibited from taking illegal steps in respect of mutation No. 1015 sanctioned on 21.02.2009, whereby land entered in survey No. old 27 presently 1011/ 1 measuring 9 marlas 1036, 10 kanal 2 marlas and 1035, 9 marlas total 11 kanal situated at Gulshan peer Allou-ud-Din has been entered in the ownership and possession of petitioners. Any other relief which the petitioners are entitled may kindly be granted in the interest of justice." 2. Precise facts of the case are that land bearing survey No. 27 min old measuring 11 kanals was purchased by predecessor in interest of petitioners from the land owner's through a…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492