HC directs personal appearance of Tehsildar Bari Brahmana

Excelsior Correspondent
JAMMU, Sept 14: High Court of Jammu & Kashmir and Ladakh has directed personal appearance of Tehsildar, Bari Brahmana.
The order has been passed by Justice Rahul Bharti after hearing Advocate Inderjeet Gupta with Advocate Yatin Mahajan who submitted that the petitioner’s father late Prem Prakash Grover was owner of land 3.4 kanals comprising khasra 376 in village Patti, tehsil Bari Brahmana, Jammu which he had purchased by virtue of a sale deed dated 17.11.2008 regarding which mutation No. 1246 was duly attested in favour of the petitioner’s father. The petitioner’s father passed away on 04.11.2022 and the mother of the petitioner had pre-deceased the petitioner’s father.
The petitioner along with his sister came to be the legal heirs to the estate of their father and in that respect, the petitioner came to seek a decree dated 24.04.2023 from the court of 2nd Additional Munsiff, Jammu declaring the petitioner entitled to inherit the land of his father to the exclusion of the petitioner’s sister. On the basis of this decree, the petitioner applied online for mutation of the land which came to be declined on 22.08.2023 by the Tehsildar, Bari Brahmana bearing reason that stamp duty deposited has to be clarified first.
Advocate Inderjeet Gupta with Advocate Yatin Mahajan appearing for the petitioner submitted that the rejection order by the Tehsildar, Bari Brahmana does not make any sense in the eyes of law as it does not bear a reference under which provision of law the stamp duty is reckoned to be payable and even if there is any such stamp duty to be payable then how much is to be payable was also not apprised to the petitioner.
Justice Rahul Bharti issued notice to the Tehsildar, Bari Brahmana for personal appearance which was accepted by Senior AAG Monika Kohli.15

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