OM PARKASH Vs. STATE

JUDGEMENT

(1.) The dispute between the petitioner and private respondents is with respect to land measuring 01 Kanal & 14 Marlas, comprised in Khasra No. 269, situated at village Channi Himmat, Jammu and are in lis from a pretty long time. The dispute is vis- '-vis entries made in Rabi 1971, which were made in favour of one Assa Nand.

(2.) Feeling aggrieved, an appeal came to be preferred questioning the Mutation No. 868 of 1981 and 1119 of 1982, came to be dismissed by the Joint Financial Commissioner-Agrarian Reforms Commissioner, Jammu vide order dated 15th of December' 1986. The said order came to be questioned before the J&K Special Tribunal, Jammu by the private respondents in a revision petition, came to be allowed by the Tribunal vide its judgment dated 10th of July' 1990 and all the Girdawari entries for Rabi-1971 came to be quashed and both the mutations came to be set aside and the lis came to be remanded to the Tehsildar (Settlement), Jammu for De novo enquiry and passing order afresh after affording opportunity to all the necessary parties. It is apt to reproduce the appropriate portion of para No. 5 of the said order herein:

(3.) The parties have not questioned the said order and thus it has attained finality. Tehsildar (Settlement), Jammu, in pursuance of the said order, conducted spot inquiry and heard the parties at length and thereafter, passed the order dated 25th of March' 1991 holding that the entries made in Rabi-1971 were not correct. He has further held that all four sons of Brij Lal were cultivating the land in dispute. Feeling aggrieved, writ petitioner preferred an appeal before the Commissioner-Secretary, Agrarian Reforms-Financial Commissioner, came to be dismissed vide order dated 12th of November, 1998. It is apt to reproduce the relevant para of the said order herein: