J&K HC | Tehsildar directed to adjudicate the matter of equal bifurcation of land between the co-sharers as per relevant rules

Jammu and Kashmir High Court:  The case of the petitioners before Sanjay Kumar Gupta, J. was that they had filed an application for direction of equal bifurcation/partition of the whole land between the petitioners and the other co-sharers and respondent. 

It was stated that the father of the petitioners during his lifetime had acquired various lands at a village in Jammu. It was also stated that the real uncles of the petitioners who were also co-sharers in the aforesaid property had not taken care of the petitioners. The counsel for the petitioners, Mr Sudesh Sharma, stated that the petitioners were co-sharers in the land under different Khasra numbers at that village and they had also inherited the ownership rights of the land situated at the same village after the death of their father and mother. The other co-sharers of the petitioners were influential persons and they had illegally encroached upon the land of the petitioners and despite the above-said fact the respondents were not deciding the application of the petitioners for equally bifurcating/partitioning of the whole land between the petitioners and the other co-sharers. The counsel requested for a time stipulated disposal. 

The Court disposed of the instant petition with a direction to the Tehsildar to consider and decide the application filed by the petitioners as per the rules and regulations governing the field, within a period of two months from the date of receipt of a certified copy of this order. [Anju Devi v. State of J&K, 2019 SCC OnLine J&K 410, Order dated 03-05-2019]

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