Janak Singh and Others v. Union Territory of Jammu and Kashmir Th Secretary Forest Ecology and Environment Deptt and Others

ORDER

03.03.2026

¶1Petitioners, through the medium of the instant petition, have sought the following reliefs:-.

(i) To issue directions to the respondents to correct the name of village Parthal instead of Village Marthal mentioned in the list of village for the year 2016-17 to 2025-206 which was issued in pursuance of Rule 5 of SRO 111 of 2016 dated 31.03.2016 in pursuance of the clarification/rectification issued by Tehsildar Katra ( respondent No. 9 vide letter No. 47/OQ dated 20.08.2020, by issuance of writ of Mandamus;

(ii) To issue directions to the respondents to accept the application forms of the petitioners for felling Khair Trees standing on their proprietary lands in village Parthal, Patwar Halqa Aghar Jitto Tehsil Katra, by issuance of writ of Mandamus;

(iii) To issue directions to the respondents to extend the date of acceptance of application forms for felling up khair trees for the year 2020-21 in village "Parthal" after making necessary clarification in the nomenclature of village, by issuance of writ of Mandamus."

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¶2The only grievance projected in the instant writ petition by the learned senior counsel appearing on behalf of the petitioners is that although a detailed inquiry was conducted by the respondents, which is reflected in the communication issued by the Tehsildar, Katra dated 20.08.2020, yet the fallout of the said observation, issued pursuant to the report submitted by the field staff, has not been acted upon by the authorities in the revenue record.

¶3Ms. S. Kour, learned Senior Advocate appearing on behalf of the petitioners, submits that the petitioners would feel satisfied in case the clarification issued by the Tehsildar, Katra dated 20.08.2020 to the Forest Range Officer, Katra, is implemented in its letter and spirit and the necessary correction is made in the revenue record.

¶4Ms. Priyanka Bhat, learned counsel appearing for the respondents, is not averse to the same and submits that the clarification issued by the Tehsildar, Katra dated 20.08.2020 may be taken to its logical conclusion by carrying out the necessary correction in the revenue record.

¶5Mr. Vishal Bharti, learned Dy. AG, appearing on behalf of respondent No. 1, submits that the necessary correction in the revenue record has to be carried out by the Revenue Department and the Forest Department has no role in effecting such correction.

¶6In view of the aforesaid statements made by learned counsel for the parties and also in light of the innocuous prayer made by learned senior counsel for the petitioners, no fruitful purpose would be served in keeping the present petition pending. Accordingly, the same is disposed of by directing respondent Nos. 9 and 10 to take __________

necessary steps in furtherance of the clarification issued by the Tehsildar, Katra vide communication dated 20.08.2020, wherein it has been clarified, on the basis of the report submitted by the field staff, that there is no village by the name "Marthal" in Tehsil Katra and that the correct name of the village is "Parthal", situated in Patwar Halqa Aghar Jitto, Tehsil Katra. Necessary correction in the revenue record shall accordingly be carried out by the appropriate Revenue Authority within a period of four weeks from the date a copy of this order along with a copy of the writ petition is made available to respondent No. 10.

¶7It is further made clear that, subject to the aforesaid clarification and correction in the revenue record, the Forest Department (respondent Nos. 1 to 8) shall also carry out the necessary correction in their records on the basis of the said clarification.

¶8Accordingly, the petition stands disposed of in the manner indicated above.

9.

(Wasim Sadiq Nargal)

Judge

Jammu:

03.03.2026 Javid Iqbal

Sr. No. 45 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1652/2020 Janak Singh and Ors. …. Petitioner/Appellant(s) Through:- Ms. S. Kour, Sr. Advocate with Ms. Manpreet Kour, Advocate V/s UT of J&K and Ors. …..Respondent(s) Through:- Ms. Priyanka Bhat, Advocate vice Mrs. Monika Kohli, Sr. AAG. Mr. Vishal Bharti, Dy. AG CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE