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  • provisions of the Land Revenue Act and rules
  • Section 105 of the Land Revenue Act
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
Judges
Acts
  • provisions of the Land Revenue Act and rules
  • Section 105 of the Land Revenue Act
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    GAJAN SINGH v. UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY REVENUE DEPTT AND OTHERS.

    Sanjeev Kumar, J.:— The short grievance as projected by the petitioner in the instant petition is that he has approached the office of respondent No. 4 for seeking partition of his joint family property and the same is pending consideration of the respondent No. 4 since the year 2017 but no decision so far has been taken by the authority concerned.

    2. Learned counsel appearing for the petitioner submits that the respondent No. 4 is under the statutory obligation to consider the application of the petitioner moved under Section 105 of the Land Revenue Act and pass the appropriate orders thereon as may be warranted in law and he cannot shirk his responsibility to dispose of the matter one way or the other.

    3. Having heard learned counsel for the petitioner and the perused the record, this petition, in view of the submissions made by the learned counsel for the petitioner, can be disposed of by directing the respondent No. 4 to take the application, if any, filed by the petitioner seeking partition of his join property to the logical end. Let a decision on the application of the petitioner under the provisions of the Land Revenue Act and rules framed there under be taken by the respondent No. 4 within a period of two months from the date a certified copy of this order is served upon the respondent No. 4. It is made clear that this court has not expressed any opinion either on the maintainability of the application or on its merits. It shall be open to the respondent No. 4 to take a decision as may be permissible in law.

    4. This petition is, accordingly, disposed of.

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    GAJAN SINGH v. UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY REVENUE DEPTT AND OTHERS.
    (Jan 6, 2020)