Excelsior Correspondent
SRINAGAR, Nov 22: High Court ruled for proprietary rights on the land for the persons recorded as “Assamis” (land tenure holders in Maharaja’s time) in revenue records in terms of order issued by the then Maharaja in 1933.
The bench of Justice Javed Iqbal Wani in this regard while passing a judgment has clarified that persons recorded as “Assamis” in the relevant revenue record are to be treated as having been proprietary and ownership rights on the land in their possession by predecessor of interests under the Command Order promulgated by the then Maharaja in 1933.
The High Court held that such conferment is complete in itself as is envisaged in the order of the then Maharaja of J&K and cannot be defeated by subsequent actions of revenue authorities.
The court was hearing an application filed by the aggrieved persons seeking clarification of the judgment directing the competent authorities to undertake a comprehensive assessment for the identification of rightful successors entitled to the exchange land originally sanctioned in lieu of the land acquired by the State.
“…The persons recorded as Assamis in the Jamabandi of 1924 pertaining to the land in question would be deemed to have been bestowed with proprietary rights over the land in question in terms of the Command Order of 1933 issued by the then Maharaja. Accordingly, if the petitioners/applicants are found to be the lineal descendants of such land holders, they shall be entitled to ownership and possession of the exchange land”, read the order of clarification.
The objection in implementing the earlier judgment was raised by the revenue authorities on the grant that the applicant’s predecessors have been recorded as ‘Assamis’ in the revenue records as such possession of the exchange of land cannot be done and the proceedings of conferring proprietary rights of the land in question were stalled by the authorities.
The aggrieved persons however contended that this objection raised by the revenue authorities contrary to the Command Order of the then Maharaja in which it is interpreted by earlier judgments of the High Court, and therefore the objection raised could not impede implementation of the Court’s earlier directions.
“The conferment of proprietorship was not dependent upon mutation entries, nor could it be diluted or extinguished by subsequent revenue actions. Relied on earlier decisions interpreting the 1933 Command Order, which had held the conferment of rights on Assamis as complete, unconditional, and effective from the date specified therein”, the court has held.
The court further clarified that once proprietary rights were conferred by sovereign authority (Maharaja), they could not be altered, nullified, or superseded by later administrative entries. “…rights arising under the Command Order do not require validation through later endorsement”, reads the order.
“The objection raised by the revenue official is wholly misplaced, as the conferment of proprietorship qua the land upon ‘Assamis of Kashmir province’ was automatic by virtue of the 1933 Command Order, which rights once vested, could not be extinguished”, The court added.
The court concluded that the authorities are under obligation to determine the rightful successors in accordance with the clarified legal position and confer ownership and possession of the exchange land accordingly.
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