There is no denying the fact that entry of land into land records is made by Patwari under the immediate supervision of Girdawar and such entries are attested by Naib Tehsildar and Tehsildar. As far my knowledge is concerned after perusal of orders issued by Revenue authorities or Revenual Manual which reveals the responsibilities of Naib Tehsildar and Tehdildar with regard keep safe a government property including land and Budding by way directing the concerned Patwari Halqa by making entry of land into land records and proper maintenance of land records from time to time for security and safety of such records is the sole responsibility of all these Revenue officials/officers especially those who have been enjoying the powers of Executive Magistrates. As soon a government property is established in one way or the other it become legitimate responsibility of Naib Tehsildar or Tehsildar to make provision for safety of such government property.
As soon the Hostel Building was constructed by Army under Sadbawana, it had been handed over to principal HSS Budhal in presence of the then Div. Commissioner Jammu and its documents had been countersigned by Chief Education officer Rajouri it had become a Govt. property of School Education department. Now it was responsibility of Naib Tehsildar Budhal or Tehsildar kotranka to make its entry into land records. Now in pursuance to the relevant rules envisaged in Financial Code Volume -I read with rules envisaged in Book on Financial powers and other relevant rules framed by the Govt. from time to time the land of Ashayana Hostel could not be handed over /included into College Land without seeking permission from Commissioner Secretary School Education Department.
Moreover, in pursuance to circular No: FC/LS/MISC-CIR/2011 dated 25-3-2011 read with circular NO:FC/LC/MISC-CIR/2011 dated 11-3-2016 the then patwari Halqa Rajnagar Budhal was under Obligation to make entry of land of Ashyana Hostel into Land records. Similarly in pursuance to rule A (2) of revenue Manual the then Naib Tehsildar Budhal was also under obligation to make entry of land of Hostel into land records.
It was also the responsibility of principal Govt. Degree College to play his possible role for safety of property of School Education department. In pursuance to UGC guidelines for college Building the then principal of Degree College Budhal was under obligation to write to the District Administration when he had visited for on spot verification and signing the Building plan and he had seen such a large size Building in College campus. Had he written to the District Administration at that time then there would have not been such a long dispute. The letter NO 307/Q/ dated 03-12-2019 reveals that Army authorities had submitted the documents pertaining to the donation of land to Naib Tehsildar Budhal at the appropriate time but unfortunately the land had not been entered into land records or there is every apprehension that records was tempered to include the Hostel land into College Land.
The explanation made here in above in details make it apparent clear that it was a mistake or due to lack of knowledge of rules or negligence of the then incumbent holding the charge of land records of Rajnagar Budhal, the land of Hostel Building was included into College land and awarded to Higher Education department contrary to the set norms/rules. As per established norms/rules it is not permissible in rules to an officers to commit mistake over mistake. It is mandatory for the competent authority to rectify a mistake immediately when such mistake comes to his notice or such a mistake is brought to his notice by another officer. Another argument in support of claim of School Education department is that when more than 30 departments can function in a common campus of mini- Secretariat or civil -Secretariat then on the same analogy two department responsible for imparting values to the Society can also function in one common campus.
When sufficient funds are available with the Higher Education department /Degree College Budhal then taking into illegal possession the Hostel Building of HSS Budhal is a grave injustice with the poor students of Higher Secondary School Budhal.
In view of the facts mentioned above and those to be stated at the time of hearing the matter it is requested to all the concerned authorities through the medium of this Article by publishing it in this esteemed Newspaper that matter may kindly be disposed of in pursuance to the law laid down in Financial code Volume -I ,Book on Financial powers and other relevant orders issued by the Government from time to time so that a project costing worth Rs 2.31crore could be saved and necessary correction could be made in the land records and Hostel Building could be saved for use of poor students of HSS Budhal who belong to the poor of the poorest strata of the Society. It is also requested to worthy ADC Koteranka that Naib Tehsildar Budhal may kindly be directed to processes file for making necessary correction in land records so that entry of land could be made in favour of School Education Department at the earliest.