Suhail Khan
SRINAGAR, Aug 14: The High Court of Jammu & Kashmir and Ladakh has directed the District Magistrate of Baramulla to take immediate control of a disputed land parcel measuring 10 kanal 4 marlas in Hail Kreeri, Baramulla.
The court’s decision, pronounced on August 13, 2024, by a bench comprising Justice Sanjeev Kumar and Justice M.A. Chowdhary, as per Kashmir Despatch Correspondent aims to safeguard the land recorded in the revenue records as belonging to a “Dharamshalla,” a charitable institution, from unauthorized occupation and potential misuse.
The case involves three petitioners, Habibullah Bhat (aged 70), Haji Ghulam Mohammad Bhat (aged 65), and Abdul Majid Bhat (aged 60), all residents of Hail Kreeri Patan in Baramulla. Represented by their advocate, Mr. Syed Sajad Geelani, the petitioners claimed ownership of the disputed land, which was originally recorded in the name of Dharamshalla through its former Mohatmim (caretaker) Harikrishan Shah. The petitioners alleged that their father, the late Mohammad Sabir Bhat, had been in occupation of the land since 1988 and that they had continued to pay land revenue to the government after his death. They further argued that the land was mutated in their favor in 1988, which solidified their claim.
However, their grievance stemmed from an order dated December 13, 2022, issued by the Divisional Commissioner of Kashmir, directing them to hand over possession of the land to respondent No. 4, Mahant Subhas Shah. The petitioners argued that this order was passed without any formal proceedings or an opportunity for them to be heard.
Respondent No. 4, Mahant Subhas Shah, represented by senior advocate Mr. M.Y. Bhat along with Mr. Hamza Prince, claimed ownership of the land based on a decree passed by the Additional District Judge, Jammu, on April 30, 1997. This decree, according to Shah, had attained finality following the dismissal of the petitioners’ appeal by the High Court on November 20, 2023.
After hearing arguments from both sides and reviewing the evidence presented, the court concluded that neither the petitioners nor respondent No. 4 could establish legitimate ownership over the disputed land. The court observed that while the petitioners appeared to be in possession of the land, there was no clear evidence regarding how they were inducted as tenants on property that belonged to a Dharamshalla.
The court further noted that the management of the Dharamshalla had been left in a state of disarray following the death of Mohatmim Harikrishan Shah in 1987, with no competent authority subsequently appointed to oversee its affairs. In this context, the court found that the Divisional Commissioner’s order directing the transfer of possession to respondent No. 4 was issued without proper inquiry and could not be upheld.
To prevent the charitable property from being misused or wasted, the High Court issued several key directives:
District Magistrate’s Control: The land in question, recorded under Khasra No. 400 in the Hail Kreeri Estate, is to be taken over by the District Magistrate/Deputy Commissioner of Baramulla for proper management.
Correction of Revenue Records: The court ordered that any entries in the revenue records indicating the petitioners’ possession of the land must be corrected through due process of law, ensuring the petitioners have an opportunity to be heard.
Eviction of Illegal Occupants: If the petitioners are found to have occupied the land without legal authority, the District Magistrate is directed to initiate eviction proceedings against them.
Charitable Use of Profits: The court mandated that any profits or benefits derived from the land must be used solely for charitable purposes, in line with the original dedication of the Dharamshalla.
This judgment underscores the High Court’s commitment to protecting properties dedicated to charitable purposes and ensuring that they are not exploited by unauthorized individuals. By placing the land under the control of the District Magistrate, the court aims to restore order and proper management to the Dharamshalla’s affairs, while also safeguarding the interests of all parties involved.
