by: Amin Mir
In the realm of land administration, precision, legality, and transparency of records form the backbone of rural and agrarian governance. Among the core documents maintained by the revenue department in Jammu and Kashmir, the Jamabandi (Record of Rights) and Girdawari (Crop Inspection Register) hold central significance in recording the title and possession of land. Equally critical is the incorporation of attested mutations in these records—a step that has, at times, been neglected or delayed, leading to disputes, corruption, and mistrust in the revenue machinery.
The statutory necessity of incorporating attested mutations in revenue records as per the Land Revenue Act of Jammu and Kashmir, the procedures involved, the authority responsible, and whether patwaris can on their own rectify omissions or require specific sanction from revenue officers.
A mutation (known as Intiqal in local parlance) is the process by which a change in land ownership or rights is recorded in the revenue records. Mutations can arise from various transactions including sale, inheritance, gift, partition, or court decree. Once a mutation is verified and attested by the competent revenue officer—typically the Naib Tehsildar or Tehsildar—it becomes a legally acknowledged entry.
The Jamabandi is the foundational revenue document prepared every four years and updated annually to reflect ownership, cultivation, and rights over land. It contains the khewat, khatauni, and khasra details and is presumed to be correct unless challenged in a court of law.
The Girdawari, on the other hand, is a seasonal record of crops sown and the person actually cultivating the land. It serves as a real-time reflection of possession.
Together, these documents form the legal basis for establishing ownership, tenancy, possession, and other rights in revenue courts and civil courts.
The Land Revenue Act, Samvat 1996 (1939 A.D.), as applicable to Jammu and Kashmir, provides for the maintenance, correction, and verification of land records by designated revenue officers. As per Section 21 and Section 22 of the Act, the patwari is responsible for maintaining the record of rights and updating the same based on orders received from higher authorities.
However, the crucial act of mutation attestation is not vested in the patwari. Once a mutation is attested by the Naib Tehsildar, Tehsildar, or in some cases the Assistant Collector First Class, it becomes part of the official record. But this attestation alone does not complete the cycle—it must be incorporated in the Jamabandi and reflected in the Girdawari as per law.
Yes, the incorporation of an attested mutation in the Jamabandi and Girdawari is mandatory. The Revenue Department operates under the presumption of accuracy and sanctity of records, which is only upheld when all attested changes are reflected in the main documents.
If an attested mutation is omitted or not incorporated in the Jamabandi, it results in a discrepancy between the actual legal status of land and its documented record, which can lead to:
- Denial of rightful ownership or possession.
- Fraudulent entries and manipulation.
- Impediments in executing sale or mortgage transactions.
- Misuse of land by unauthorized persons.The Revenue Department Manual and the Standing Orders (notably Standing Order 23-A and 22) emphasize that every attested mutation must be reflected in the next Jamabandi. The Girdawari too must be updated to reflect possession in accordance with the attested mutation.
This is where the clarity of law and practice is essential.
No, a patwari cannot suo moto incorporate a mutation in the Jamabandi or Girdawari even if it has been attested but inadvertently left out. The role of the patwari is ministerial—to maintain and record information, not to alter it based on personal discretion.
Incorporation of a missed or dropped mutation in revenue records—whether due to clerical error, oversight, or deliberate omission—requires an explicit direction from the competent revenue authority.
In cases of non-incorporation or delayed incorporation of an attested mutation, the following procedure and hierarchy apply:
Application to Tehsildar or Naib Tehsildar: The aggrieved party may file a representation pointing out that an already attested mutation has not been incorporated in the Jamabandi or Girdawari.
Verification and Order: Upon verification of the records and mutation register (Roznamcha Waqiati), the Tehsildar (Assistant Collector Grade-II) or Naib Tehsildar may pass an order directing the patwari to make the required incorporation.
Entry in Misal Haqiat: The patwari must then enter the mutation in the Misal Haqiat and reflect it in the next Jamabandi.
Supervision by Girdawar and Kanungo: The Girdawar Circle and the Kanungo are expected to supervise the patwari and ensure that such corrections are made in accordance with the order.
Thus, the Tehsildar remains the principal revenue officer authorized to direct the incorporation of a mutation that has been attested but not entered in the Jamabandi or Girdawari.
The omission of an attested mutation, if not rectified, can have serious implications:
In civil litigation, courts often rely on the revenue records to determine title and possession. An unincorporated mutation, though legally valid, may be treated with suspicion.
In loan and credit processing, banks require updated Jamabandi reflecting the latest ownership. Non-inclusion of mutations can result in denial of loans.
For inheritance and succession, legal heirs may face hurdles if the mutation is attested but not recorded in the land records.
Corruption and malfeasance: Unscrupulous officials may deliberately delay or omit incorporation to benefit rival claimants or extort
With the launch of Apni Zameen Apni Nigrani, Jammu and Kashmir has digitized large portions of its land records. However, the incorporation of attested mutations remains a manual step subject to human intervention. States like Haryana have linked attested mutations with automatic updates in the digital Jamabandi, thereby reducing human error.
- Creating an automated linkage between the Mutation Register and the Digital Jamabandi.
- Enforcing timelines for incorporation post attestation.
- Imposing penalties on revenue officers who fail to carry out lawful orders.
- Providing an online grievance redressal for dropped or pending mutations.
Conclusion
The incorporation of attested mutations in the Jamabandi and Girdawari is not a mere formality but a legal necessity under the Land Revenue Act of Jammu and Kashmir. A patwari, while central to the process, cannot exercise discretion in making such entries without the sanction of the competent revenue officer—usually the Tehsildar.
Omissions, whether intentional or accidental, compromise the sanctity of land records and undermine public trust. As Jammu and Kashmir continues its march toward digitized and transparent land governance, the codification, automation, and strict enforcement of mutation incorporation will be key milestones in ensuring justice and equity in land rights.
Mohd Amin Mir is a columnist specializing in land revenue administration and legal reforms in Jammu and Kashmir. He writes on governance, transparency, and digitization of public records.
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