Assamis In 1924 Jamabandi Deemed Land Owners, Lineal Descendants Entitled To Patti Wethpora Exchange Land: Jammu & Kashmir And Ladakh High Court
Isabella Mariam
The High Court of Jammu & Kashmir and Ladakh Single Bench of Justice Javed Iqbal Wani held that individuals shown as “Assamis” in the historical revenue record must be regarded as having obtained proprietary and ownership rights by virtue of the 1933 Command Order issued by the then Maharaja. The Court clarified that this conferment operates automatically and cannot be negated by subsequent revenue entries. Addressing a dispute concerning descendants of former landholders seeking possession of substitute land earmarked after the 1924 acquisition, the Court directed that rightful successors be identified and granted ownership and possession of the exchange land at Patti Wethpora in accordance with its earlier directions.
The petitioners, described as lineal descendants of former estate holders of village Pandrethen, asserted that land measuring 308 kanals and 9 marlas had been acquired in 1924 for establishment of the New Cantonment at Sonawar. They stated that an award passed the same year envisaged compensation through allotment of 248 kanals and 6 marlas of land at Patti Wethpora. According to them, neither full compensation nor possession of the exchange land was ever provided, though various communications and revenue reports over the years recorded acknowledgment of the exchange allotment and confirmed only partial compensation.
Some alleged tenants of Wethpora later approached the Court seeking identification of rightful claimants and conferment of ownership. Following those proceedings, the petitioners challenged an order issued by the Deputy Commissioner rejecting their claim on the basis of limitation and Rule 24-A of the Land Acquisition Rules, arguing that the order contradicted prior judicial directions and relied on irrelevant considerations.
After the Court disposed of the petitions, committees were constituted to verify revenue records, pedigree tables, and mutations. These committees did not produce a final report. An objection was subsequently raised by the Tehsildar, asserting that the petitioners’ ancestors were recorded as “Assamis” in the 1924 Jamabandi and therefore not entitled to ownership. The petitioners argued that this objection was contrary to earlier revenue entries, historical records, and judicial pronouncements interpreting the 1933 Command Order.
The Court recorded that the clarification application arose because implementation of the judgment dated 25.04.2025 remained pending due to an objection raised by the Tehsildar Panthachowk citing the Assami status of the petitioners’ ancestors.
The Court stated that the objection was contrary to the legal position, noting:
“the Tehsildar concerned is based on ‘misappreciation’ of law… laid down by this Court in OWP No. 1066/2014… and in OWP No. 1369/2014.”
The Court reproduced the Command Order dated 08.07.1933 issued by the then Maharaja of Jammu and Kashmir conferring proprietary rights on Assamis of Kashmir Province without recovery of nazrana. It recorded: “proprietary rights will be conferred on the assamis without recovery of any nazrana.”
Referring to earlier judicial interpretation of the Command Order, the Court noted:
“by the said 1933 Order, proprietary rights were conferred on Assamis by the Ruler of the State… with respect to the land in question.”
On the nature of those proprietary rights, the Court observed: “the right so conferred on an Assami would not extinguish, nor could it be extinguished, diminished or tampered with… by any entry in the revenue records… except acquisition thereof by the State in accordance with law.”
Linking this finding to the case at hand, the Court remarked that had the applicants’ ancestors been placed in possession of the exchange land pursuant to the 1924 award, they would have acquired proprietary rights automatically under the 1933 Command Order. It further recorded that the petitioners’ ancestors were already “recorded as owners prior to Mutation No. 27 dated 09.06.2003…” contradicting the Tehsildar’s objection.
Based on these observations, the Court held that once proprietary rights had vested in the Assamis by operation of the 1933 Command Order, the classification in the 1924 Jamabandi could not deprive their descendants of the land allotted in exchange under the 1924 acquisition scheme.
The Court allowed the clarification application by directing that: “the persons recorded as Assamis in the Jamabandi of 1924 pertaining to the land in question would be deemed to have been conferred proprietary/ownership rights qua the land in question in terms of the Command Order dated 08.07.1933 issued by the then Maharaja of Jammu and Kashmir.”
“If the petitioners/applicants herein are found to be the lineal descendants of such land holders, they shall be entitled to ownership and possession of the exchange land situated at Village Patti Wethpora as proprietors thereof in accordance with the directions contained in the judgment and order dated 25.04.2025.”
Advocates Representing The Parties
For the Petitioners: Mr. Hakim Suhail Ishtiaq, Advocate
For the Respondents: Mr. Mohsin Qadri, Sr. AAG
Case Title: Ali Mohammad Mir & Others vs UT of J&K & Others
Case Number: CM No. 6418/2025 in WP(C) No. 3395/2023
Bench: Justice Javed Iqbal Wani
