SEWA RAM Vs. STATE

JUDGEMENT

(1.) The predecessors-in-interest of the petitioners and proforma respondents No. 6 to 8, namely Munshi and Mangoo, sons of Niku Ram, were stated to be in possession of the State land measuring 6 kanals comprised under Khasra No. 660/418 situated at village Sangwali, tehsil Hira Nagar, District Kathua from 1947. Their possession is reflected in the revenue record in the shape of khasra girdwaries for the year 1957 to 1958 forming annexure-B, 1959-60 forming annexure-C and 1971 forming annexure-D with the present writ petition. Annexure-E, however, is an extract of the revenue record for the year 1999-2000 wherein a correction was made by the Naib Tehsildar purportedly after having visited the spot, showing not only the ownership, but also the possession of the State over the said land. A copy of the Jamabandi for the year 1958-59 also shows the aforementioned land a State land with Munshi and Mangoo as tillers. The contention of the learned counsel for the petitioners is that 'Fard Badr' was effected without adopting the principles of natural justice and without hearing them and the proforma respondents No. 6 to 8 and was contrary to the procedure prescribed understanding order 22-A, which determines the procedure for effecting such a correction in the khasra Girdwari.

(2.) Further the case of the petitioners is that in accordance with Govt. Order No. LB-6 of 1958, if a person was in occupation of the State land in the year 1957-58, he became a tenant at will under the State and under Govt. Order No. S-432-C of 1966, all the tenants at will had a right to be conferred with proprietary right.

(3.) The case of the petitioners, thus, is that they had an indefeasible right to hold the aforementioned 6 kanals of land and the same could not be allotted to anybody else without in the least giving an opportunity of being heard to the petitioners.