SRINAGAR: The J&K High Court directed Government authorities to file response to the contentions raised in a public interest litigation moved against malpractices in vogue in the Revenue Department.
The plea seeks entire details of mutation in the patwari halqas of J&K UT besides a stringent action against those pathwaries who have carved out a novel and illegal mechanism by recording and attesting even pre-dated mutation without following the prescribed procedure and the law laid down in section 138 of J&K Transfer of property Act.
The PIL filed by Jammu & Kashmir People’s Forum through its Secretary General M M Shuja has submitted that the petitioner organization is aggrieved of various malpractices in vogue in the revenue department more particularly about attestation of mutations, maintenance of records and non-adherence of the provisions of law.
The Counsel representing petitioner organization, Shafkat Nazir made a submission through the petition that section 138 of J&K Transfer of Property Act forbids transfer of title of any immovable property if such transfer is not supported by an instrument registered legally by the registering authority prescribed by the Registration Act.
The petition stated that on ground most of the pathwaries, girdawars and even Naib Tehsildars have created their own separate kingdom in their respective jurisdictions and consider themselves about every law and rule, with the result that not only public at large suffers but also a considerable loss is caused to the public exchequer.
Hearing the litigation, the Division bench of Justice Ali Mohammad Magrey and Justice Dhiraj Singh Thakur directed the concerned authorities to file their response to the issues raised in the PIL on next date of hearing without fail.
Meanwhile Additional Advocate General (AAG), B A Dar made a submission before court that this PIL is not maintainable as the Government of J&K has already taken the decision for digitizing of revenue records.
The Court asked the council to file the status report as also the process of digitization undertaken by the Government on next date of hearing

NUSRAT SIDIQ