MST. SARWA v. ABDUL SALAM
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE RAHUL BHARTI
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-10-16. MST. SARWA v. ABDUL SALAM. Read the judgment and case details on LawSphereX.
Judgment text
S. No. 10 Reg. List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CR 35/2017 MST. SARWA …Petitioner/Appellant(s) Through: Mr. M. Ashraf Wani, Advocate with Mr. T. A Lone, Advocate V/s ABDUL SALAM …Respondent(s) Through: Mr. S. R. Hussain, Advocate CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER 16. 10. 2024 1. Without any purpose, this petition is pending on the docket of this Court given the fact that the petitioner is aggrieved of non-entertainment of her application under J&K Land Revenue Act, Svt, 1996 seeking partition of the land property of estate holder Ama Itoo. st 2. Tehsildar (Assistant Collector 1 Class) Anantnag declined the entertainment of application saying that it is not in accordance with the Partition Rules and returned the same to the applicant for completion and presentation in terms of order dated 19. 01. 2016. nd 3.
2 application made for the same very purpose also came to be declined in terms of entertainment by the Tehsildar (Assistant st Collector 1 Class ) Anantnag on a technical ground. st 4. Tehsildar (Assistant Collector 1 Class ) Anantnag, is a statutory authority under J&K Land Revenue Act, Svt, 1996 who is supposed to bear in mind that J&K Land Revenue Act Svt, 1996 does not envisage the partition seeker to be fully literate person to be well versed with all the nuances of Partition Rules and forms prescribed there under for the purpose of presentation of an application particularly when made not through any counsel and in that eventuality it is incumbent upon the revenue officer concerned to lend an assisting hand to an applicant in the matter of laying of a proper application for the purpose rather than rejecting the application. 5. In view of the aforesaid, the order dated 29. 04. 2016 of the Tehsildar st (Assistant Collector 1 Class ) Anantnag is set aside. The petitioner Mst.
Sarwa is entitled to present an application for the purported purpose of seeking partition of the land in reference before the competent revenue officer. In the eventuality of any such application being preferred by Mst. Sarwa, whether individually or joined by some other co-applicant, against respondent Abdul Salam or for that matter any other co-respondent, then the concerned revenue officer shall entertain and adjudicate the application on merits and pass an appropriate order in the light of Partition Rules framed under J&K Land Revenue Act, Svt, 1996. 6. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 16. 10. 2024 “S. Nuzhat”
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