Muhammad Ashiq Khan vs Full Board of REvenue, Muzaffarabad art — 2024 MLD 793 HIGH-COURT-AZAD-KASHMIR

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Muhammad Ashiq Khan VS Full Board of REvenue, Muzaffarabad art. 44---Writ petition---Proprietary rights---Scope---Case of the petitioner was that the land in dispute was duly allotted and after the demise of allottee, same was devolved in favour of petitioners but, District Collector, while dealing with the petition of the non-petitioner, revoked the said allotment---additional Commissioner dealing with the appeal of the appellant turned down the order of District Collector, which was maintained by the Member (Judicial) Board of Revenue, but Full Board of Revenue, while dealing with the appeal, again revoked the allotment---Record showed that the original deceased owner, prior to allotment in question, had a piece of land measuring 35 kanal 1/2 marla and 20 kanal 7 ½ marla---Deputy Collector observed that "respondent", after purchasing the piece of land measuring 04 kanal 18 marlas from his father, claimed himself a owner in Deh and while suppressing said purchase succeeded to obtain proprietary rights regarding a piece of land measuring 18 kanal 03 marla---District Collector while narrating the said factual position had opined that under the azad Jammu and Kashmir Grant of Khalsa Land (amended) act, 1989, a Nautor Kuninda stood entitled for proprietary rights, if his ownership in Deh was less than 30 kanals land but in the matter in hand ownership of the allottee was beyond the prescribed scale, so order of collector regarding allotment dated 18.03.1999 was not maintainable---Members of Full Board of Revenue, while examining the documents of parties brought on record, agreed with the findings of District Collector recorded vide order dated 18.02.2011 and observed that legal heirs of original owner failed to establish that the ownership of said owner was only 19 kanals and 10 marla, whereas, from the revenue record available at file it depicted that "at the time of preparation of file regarding allotment of proprietary rights, respondent was appointed as Girdawar who succeeded to attain proprietary rights beyond entitlement"---From the perusal of observation recorded by Members of "Full Board of Revenue" it was established that judgment impugned was based on evaluation of revenue record and in order to defeat the veracity and truthfulness of verdict of Members of Full Board of Revenue, petitioners had brought no documentary proof on record, rather some photocopies of revenue record had been annexed with the petition---Under law a photocopy could neither be treated as genuine nor the same could be relied upon, moreover, no documentary proof had been referred to on behalf of petitioners, whereas, on behalf of non-petitioner No.2, certified copies of relevant documents in support of their claim had been brought on record, meaning thereby that petitioners failed to point out any illegality in the judgment impugned through bringing a relevant proof in support of their claim---Moreover, in the matter in hand, all the concerned revenue hierarchy from Deputy Commissioner to Full Board of Revenue, in terms of nature of lis, was a necessary party and admittedly, the order of Deputy Collector dated 18.02.2011 was also against the petitioners but neither the Deputy Collector had been arrayed as a party nor his order dated 18.02.2011 had been assailed---Jurisdiction exercised by the High Court (aJ&K) in a writ petition was limited in nature and the High Court, while invoking writ jurisdiction, could not sit upon the judgment of subordinate Courts or local authorities or tribunal etc. as a court of appeal---Writ petition being devoid of substance was dismissed, in circumstances.

Muhammad Ashiq Khan vs Full Board of REvenue, Muzaffarabad art — 2024 MLD 793 HIGH-COURT-AZAD-KASHMIR

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