EWS Certificate Cannot Be Rejected Based On Mutation Records But Only After Due Inquiry Into Eligibility Criteria: J&K High Court
Live LawThe Jammu and Kashmir High Court held that the EWS certificate could not be rejected merely by relying on mutation records. Justice Javed Iqbal Wani noted that the mutation records, stating that the ancestral property had devolved upon the petitioner's father and her uncle, had, in fact, become the basis for rejecting the petitioner's application. The court referred to a Supreme Court judgment, holding that “mutation records do not create or extinguish title nor have any presumptive value on title, they only enable the person in whose favour mutation is ordered to pay the land revenue in question.” The court also observed that in 2022-23 and 2023-24, the certificate had been granted in her favour, and there was no change in circumstances justifying the rejection now. The court directed the respondents to reconsider the petitioner's case for the issuance of the EWS certificate, having due regard to the fact that the certificate had previously been issued in her favour.
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