Excelsior Correspondent
Srinagar, July 17: High Court has upheld the order of restoration of Kahcharaie Land (Grazing Land) which was illegally mutated by the Tehsildar concerned in favour of a private persons in lieu of exchange of proprietary land.
The beneficiary of Kahchariaie land challenged the order of Sub Divisional Magistrate, Chadoora Budgam in terms wherein mutation Nos. 110 and 111 have been set aside and a patch of Kahcharaie land has been restored back as Kahcharie land.
The Revenue authorities have submitted that the petitioners (Beneficiaries) have no cause of action as they have given nothing in exchange of the Kahcharie land occupied by them in lieu of a simple communication rather through a proper transfer order from Collector, Budgam, besides they have kept the land too which they claim to have exchanged with themselves.
It is submitted that the applications of the petitioners were forwarded to Tehsildar concerned and no explicit orders were issued for any exchange of land as such the petitioners have illegally managed to get mutation Orders affected for exchange of land whereunder Kahcharaie land was given to them in exchange of proprietary land of the Petitioners, however, despite managing the illegal exchange on the basis of simple communication.
Court has been apprised that the Petitioners chose to retain both Kahcharie land as well as the land claimed to have been provided by them in exchange with themselves parting with nothing in real but grabbing both by cheating the Government exchequer.
It has been submitted before the court that the land in question is part of Kahcharie land situated at village Ranger, Tehsil Chadoora and the said plot of land, being Kahcharie land, has been reserved for common purpose of all the villagers/ residents of the village Ranger and is surrounded by village graveyard.
The mutations referred to by the Petitioners are stated to be devoid of any sanctity inasmuch as the same have been passed clandestinely and illegally by the Naib Tehsildar on the assumption of an exchange deed which never existed and are in violation of the mandate of standing Orders 23-A of the Land Revenue Act and, therefore, are completely bereft of any legal sanctity.
“Be that as it may, when the mode and method provided in law for validly conferring title in the exchanged lands has not been followed in the instant case, there is no requirement to go into the said aspect, more so when the mutations in question stand already set aside”, Justice Ali Mohammad Magrey said and dismissed the plea of beneficiaries seeking quashing of order of Sub Divisional Magistrate.
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