J&K&L High Court Upholds Land Proprietary Rights For Persons Recorded As 'Assamis' Under Command Order Issued By Maharaja In 1933

The High Court of Jammu & Kashmir and Ladakh has clarified that persons recorded as “Assamis” in the relevant revenue record are to be treated as having been conferred proprietary and ownership rights under the Command Order promulgated by the then Maharaja in the year 1933.The High Court held that such conferment is complete in itself and cannot be defeated by subsequent actions of revenue authorities.The Court was hearing an application seeking clarification of an earlier judgment directing the competent authorities to undertake a comprehensive assessment for the identification of rightful successors entitled to the exchange land originally sanctioned in lieu of the land acquired by the State.A Bench comprising Justice Javed Iqbal Wani, while deciding the matter, observed 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 and, accordingly, 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”.The matter arose after the applicants sought implementation of a prior judgment requiring the authorities to assess the claims of descendants of the original landholders and determine the rightful recipients of the exchange land that had been earmarked at the time of acquisition. After the judgment was passed, a committee was constituted to verify the revenue record, but proceedings stalled when an objection was raised by an official on the ground that the applicants' ancestors had been recorded as “Assamis”.The applicants submitted that this objection was contrary to the Command Order issued by the then Maharaja, which conferred proprietary rights upon “Assamis” without qualification. They contended that the Command Order had already been interpreted by earlier judgments of the High Court, and therefore the objection raised could not impede implementation of the Court's earlier directions.The High Court, upon hearing the matter, examined the Command Order issued by the then Maharaja, which conferred proprietary rights upon “Assamis” and stated that such rights vested automatically by virtue of the said sovereign command. The Bench held that the conferment of proprietorship was not dependent upon mutation entries, nor could it be diluted or extinguished by subsequent revenue actions.The Court relied on earlier decisions interpreting the 1933 Command Order, which had held the conferment of rights on Assamis as complete, unconditional, and effective from the date specified therein. It was further held that once proprietary rights were conferred by sovereign authority, they could not be altered, nullified, or superseded by later administrative entries.The Bench reiterated that rights arising under the Command Order do not require validation through later endorsement. The Court stated that “the aforesaid objection of the Tehsildar concerned, seemingly, is wholly misplaced, as the conferment of proprietorship qua the land upon 'Assamis of Kashmir province' was automatic by virtue of the 1933 Command Order, which rights once vested, could not be extinguished”.The Court also noted that even if the ancestors had been placed in possession of the exchange land pursuant to the acquisition process, they would have acquired proprietary rights under the Command Order. The Court observed that entries reflecting ownership before later administrative changes further confirmed the proprietary entitlement.Having considered the statutory and precedential framework, the Court held that the authorities were obligated to determine the rightful successors in accordance with the clarified legal position and confer ownership and possession of the exchange land accordingly.The High Court accordingly held that if the applicants are found to be the lineal descendants of such landholders, they shall be entitled to ownership and possession of the exchange land in accordance with the directions contained in the earlier judgment.Cause Title: Ali Mohammad Mir & Ors Vs UT of J&K & OrsCitation: 2025 LiveLaw (JKL)Click here to read/download Judgment

J&K&L High Court Upholds Land Proprietary Rights For Persons Recorded As 'Assamis' Under Command Order Issued By Maharaja In 1933

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