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To

The Tehsildar
Tehsil Mareen Distt Kathua.

Subject –Application on behalf of Harcharanjeet Singh S/o Late Gajan


Singh (Grandson of late Devi Singh) and Joginder Kaur,
D/o late Devi Singh for conferment of rights under govt
order no. 254 of 1965 dated 07-07-1965 in respect of land
measuring 4 kanals covered under survey no. 258 min
situate at village Chakwazir Labjoo Tehsil Mareen
Hiranagar District Kathua and for incorporation of the
same in revenue record by attesting mutation under
Standing Order 23-A.

Sir,
The applicants most respectfully submit as under –

1. That the applicant no.1 is the grandson of late Devi Singhand


applicant no. 2 is the daughter of late Devi Singh, a Displaced
Person of 1947 who got himself registered as a Displaced Person
which is reflected in form-A of Cabinet Order 578-C of 1954. Copy
of form A is enclosed herewith and marked as ANNEXURE-A1.

2. That the father of applicant no. 1 died during the lifetime of late
Devi Singh. Shri Devi Singh was allotted land measuring 16 kanals
under survey no. 254 min and 258 min being Displaced Person of
1947 and was delivered the possession as back as in 1956 which has
been so recorded in Khasra Girdavari of 1956. Copy of Khasra
Girdawari is enclosed herewith and marked as ANNEXURE-A2.

3. That the land allotted to late Devi Singh was a state land and at the
time of registration as Displaced Person, the strength of family was
two members. Accordingly 16 Kanals of land was allotted to the
family comprising of two members.

4. That late Devi Singh cultivated the allotted land measuring 16


Kanals covered under 254 min and 258 min during his lifetime. The
state govt issued govt order No.254 of 1965 dated 07-07-1965,
conferring ownership rights in favour of displaced persons. Copy of
order No.254 of 1965 dated 07-07-1965 is enclosed herewith and
marked as ANNEXURE-A3.

5. That in terms of the said order, late. Devi Singh was conferred rights
in respect of 12 Kanals of land covered under 254 min vide Mutation
order No. 126, however by sheer omission and negligence of the
field staff, land measuring 4 Kanals under Khasra No. 258 min was
left out from the said mutation order and entry was recorded under
cultivation column in Rabbi 2007 reflecting late Devi Singh as Gair
Mourusi. This position continued from 2007 till 2018. The
cultivation of applicant No. 1 was also recorded in Rabbi 2007 after
the death of Devi Singh when mutation no. 127 attesting inheritance
of the applicant herein was so recorded in the revenue record.

6. That the Deputy Commissioner issued a general order bearing no.


DCK/SQ/2018-19/1031/46 dated 29-09-2018 thereby issuing
direction to the Tehsildars for expunging the entries of illegal
occupant over the State Land. The said general order was not
intended to adversely affect any Displaced Person as the applicants
are but thefield staff carried out the said order and expunged the
entries of cultivation of applicant in respect of 4 Kanals of land
under survey no. 258 min at their back and without hearing them, as
is recorded in Khasra Girdarwri Rabbi 2018. Copy of Khasra
Girdawari Rabbi for the year 2018 is enclosed herewith and marked
as ANNEXURE-A4.

7. That applicants were never heard or issued any notice before


carrying out the ex-parte entry thereby expunging the cultivating
possession of applicant no. 1 over 4 Kanals of land covered under
survey no. 258 min. The applicant No. 1 came to know about this
illegal entry on 23-08-2023 and immediately filed an application
before Deputy Commissioner Kathua for correction of record and
restoring the recorded possession of the applicant No. 1. The Deputy
Commissioner sought a report from the office of Tehsildar
Mareen /NaibTehsildar Mareen. In his report dated 08-09-2023,
Tehsildar Mahreen has clearly mentioned as under : –

“Land measuring 4 kanals bearing no. 258 min situated at


Chakvazir Labjoo, Tehsil Mareen Heeranagar Distt Kathua
was allotted the land of the grandfather of the applicant and
the entry of allotment has been changed from allotment to
Gair-Mourusi without any order of the competent authority
and without any justification. It is further submitted that the
entry in favour of applicants as Gair-Mourousi has been
expunged and the land has been recorded as sarkar,
makbooza sarkar. The applicant has approached for
restoration/correction of girdawari entries for land
measuring 4 Kanals bearing khasra no. 258 min situate at
village Chakvazir Labjoo, Tehsil Mareen which has been
allotted to his grandfather as Displaced Person for the year
1947. Hence submitted for kind perusal and for the direction
in the matter please.”

Copy of the report of Tehsildar sent to Deputy Commissioner


bearing No. OQ/M/548 and copy of letter of Tehsildar dated 08-09-
2023 is enclosed herewith and marked as ANNEXURE-A5.

8. That on the similar line is the report of Naib-Tehsildar Mareen where


he has also categorically stated that ownership rights have been
conferred vide mutation no. 126 under Govt. Order no. 254-C of
1965 on late Devi Singh. He has further reported that the land
measuring 4 Kanals was allotted land of grandfather of the applicant
and the entry of allotment has been changed to Gair-Mourousi
without any order of competent authority and without any
justification. Copy of report of Naib Tehsidar is enclosed herewith
and marked as ANNEXURE-A6.

9. That the Provincial Rehabilitation Officer, Jammu in response to


letter of Assistant Commissioner, Kathua has confirmed that no other
land except 16 Kanals of Land under Khasra No. 254 min and 258
min was allotted to late Devi Singh. For ready reference copy of the
letter of Assistant Commissioner, Kathua on behalf of Deputy
Commissioner No. DCK/SQ/ 2023/24/2790-91 dated- 13-11-2023 is
enclosed herewith and marked as ANNEXURE-A7. Copy of letter
dated 20-11-2023 addressed by PRO Jammu to DC Kathua is
enclosed herewith and marked as ANNEXURE-A8.

10. That the conferment of rights under govt order no. 254 of 1965 falls
within the jurisdiction of territorial Tehsildar hence the present
application with a request that the applicant No.1 has now succeeded
their grandfather and applicant No. 2 her father after his death in
terms of mutation of inheritance bearing No.127, hence the
conferment of rights in respect of land measuring 4 Kanals covered
under survey no. 258 min can be ordered by Tehsildar as was earlier
done.

11. That the applicants are in cultivating possession of the land and there
is no other land allotted in favour of late Devi Singh except 16
Kanals of land under survey no.254 min and 258 min which has
been categorically reported by Provincial Rehabilitation Officer
Jammu in terms of his letter dated 20-11-2023 addressed to Deputy
Commissioner Kathua in response to the letter of
Asst.Commissioner Kathua for and on behalf of Deputy
Commissioner Kathua bearing No. DCK/SQ/2023/24/2790-91
dated- 13-11-2023.

12. That large number of Displaced Persons have been conferred


proprietary rights over the state land in theentire Jammu and
Kashmir UT, the applicants cannot be singled out and discriminated.
It is further submitted that conferment of rights is simply a
ministerial act in pursuance of Govt Order No. 254 of 1965 dated
07-07-1965 which has to be carried out by Tehsildar concerned who
alone is competent to attest a mutation under Standing Order 23-A.

13. That while deleting the name of applicants from cultivation column
so far as Khasra No. 258 min measuring 4 kanals is concerned, the
revenue field staff has failed to apply their mind that the land of
Displaced Persons cannot be cancelled and entry cannot be changed
at their back and in violation of principles of natural justice and in
violation of govt order No. 254 of 1965.

In view of the afore-stated position the applicants most


humbly submit that this application may be allowed and applicants
be conferred proprietary rights in respect of land measuring 4 Kanals
under Survey No. 258 min situate at village Chakvazir Labjoo,
Tehsil Mareen, Distt. Kathua and same be incorporated in the
revenue record so that the injustice done to the applicants is
mitigated without any further loss of time and without compelling
the applicants to involve the deptt, in avoidable litigation. Applicants
shall feel highly obliged for this act of kindness.

With regards,
Yours faithfully
DATED: 24.02.2024
PLACE: JAMMU
Harcharanjeeet Singh
S/o late Gajan Singh
Grandson of late Devi Singh.
Joginder Kaur,
D/o late Devi Singh.
TEHSILDAR MAREEN

INDEX
S.No. Particulars Page
Nos
1 Application for conferment of rights in favour of applicants in respect
of land measuring 4 Kanal under Survey No. 258 Min situated at
Village Chakwazir Labjoo, Tehsil Marheen, District Kathua.
2 Annexure-A1
(Copy of Form-A)
3 Annexure-A2
(Copy of Khasra Girdavari of 1956)
4 Annexure-A3
(Copy of Order No. 254 of 1965 dated 07-07-1965)
5 Annexure-A4
(Copy of Khasra Girdawari Rabbi for the year 2018)
6 Annexure-A5
(Copy of the report of Tehsildar sent to Deputy Commissioner bearing
No. OQ/M/548 and copy of letter of Tehsildar dated 08-09-2023)
7 Annexure-A6
(Copy of report of Naib Tehsildar)
8 Annexure-A7
(Copy of letter of Assistant Commissioner, Kahtua on behalf of
Deputy Commissioner No. DCK/SQ/ 2023/24/2790-91 dated- 13-11-
2023)
9 Annexure-A8
(Copy of letter dated 20-11-2023 addressed by PRO Jammu to DC
Kathua).

Filed by :-

Harcharanjeeet Singh
S/o late Gajan Singh
Grandson of late Devi Singh.
JoginderKaur,
D/o late Devi Singh

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