AHMAD SOFI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Shamboo Nath, the respondent No.4, was recorded owner in possession of land measuring 15 kanals and 10 marlas (subject land) falling under Khasra No.398, 400, 403, 558 and 560/1 situated at Village Malmooh Pattan. He was also shown in cultivating possession of the subject land in Kharief 1971. It is also claimed by the respondent No.4 that apart from the Girdawari entries recorded in his name, all along he was actually cultivating the subject land till the year 1990 when he had to migrate from the Valley due to law and order situation. Somewhere in the year 2012, he came to know that the petitioners have occupied the subject land and have been cutting the fruit bearing and other trees standing thereon. On enquiry, the respondent No.4 claims, he found that a mutation of ownership under Section 8 of the J&K Agrarian Reforms Act, 1976 ["the Act of 1976"] had been attested in favour of the petitioners.

(2.) Feeling aggrieved and after obtaining certified copy of the impugned mutation bearing No.499 dated 4th of August, 2003, attested by Tehsildar, Pattan, the respondent No.4 filed an appeal before the Commissioner, Agrarian Reforms (Financial Commissioner, Revenue), Jammu and Kashmir. The appeal was contested by the petitioners on the ground that the Girdawari entry with regard to personal cultivation of respondent No.4 recorded for Kharief, 1971 and thereafter was factually incorrect and stood corrected by the competent authority. It was the further stand of the petitioners that based on the correction of Girdawari entry supra, Tehsildar, Pattan, had also attested mutation No.318/1 on 16th of June, 1969, under Section 4 of the Act of 1976. The Appellate Authority after considering the rival contentions and having gone through the revenue record came to be conclusion that mutation No.318/1 attested purportedly under Section 4 of the Act of 1976 on 16.06.1989 was shrouded in suspicion. The Appellate Authority was of the prima facie view that the mutation under Section 8 of the Act of 1976, had been attested by the Tehsildar concerned without attesting mutation under Section 4 of the Act and what was relied upon and referred to in the order of mutation attested under Section 8 of the Act of 1976, was only a mutation of "Sehat Kasht". On the basis of these conclusions, the Appellate Authority set aside both mutations and remanded case back to Tehsildar concerned for de-novo enquiry and further appropriate action in the matter.

(3.) Aggrieved, the petitioners herein approached the J&K Special Tribunal by way of a revision petition. The J&K Special Tribunal too concurred with the view taken by the Commissioner Agrarian Reforms (Appellate Authority) and, accordingly, dismissed the revision petition observing that the parties were free to agitate their contentions before the Tehsildar concerned who shall conduct a discreet enquiry into the matter keeping in view the background details of the case, revenue records and shall pass appropriate orders after affording opportunity of being heard to all stakeholders. This was done by the J&K Special Tribunal vide its order and judgment dated 28th of February, 2019. It is this order of the Tribunal along with order of the Appellate Authority supra, the petitioners are aggrieved of and have filed the instant petition to assail the same.