RASHID SHIEKH Vs. STATE & ORS.

JUDGEMENT

(1.) Dispute in this writ petition relates to land measuring six kanals under survey No. 834/696/146 of village Shuhama, Ganderbal, over which the petitioners claims to be in continuous possession from kharief 1966.

(2.) It transpires that mutation attested by Tehsildar Ganderbal in favour of private respondents, was questioned by the petitioners by filing an application before the Tehsildar, which was rejected by the Tehsildar concerned on the ground that petitioners have relinquished their rights over the said land in favour of the respondents. Aggrieved by this order, petitioners approached the Joint Agrarian Reforms Commissioner, Srinagar, who, after visiting the spot, found that petitioners were in continuous possession of the property as reported by the locals of the area and returned a finding that Tehsildar has committed an error in attesting the mutation without visiting the spot. He consistently rejected the plea of the petitioner for rectifying the wrong. The mutation was set aside and Tehsildar Ganderbal was directed to proceed under the relevant sections of the Agrarian Reforms Act, keeping in view the cultivating possession on spot from Kharief 1971.

(3.) Aggrieved by the order of Joint Agrarian Reforms Commissioner, private respondents filed a revision petition before the Jammu and Kashmir Special Tribunal. The Tribunal, while applying the principle of res judicata, in view of the fact that the earlier application filed by the petitioners was disallowed, they could not have filed a fresh application, set aside the order of Joint Agrarian Reforms Commissioner. It is under these circumstances that present writ petition has been filed by the petitioners.