AB REHMAN MANDOO Vs. STATE

JUDGEMENT

(1.) An application was filed before Tehsildar, Srinagar, by one Aijaz Ahmad seeking demarcation of the land covered under survey no's 64, 65, 66, 67 and 68. In the said application, it was stated by Aijaz Ahmad that the said land is in his possession as also in possession of the other co-sharers. The order passed on 16th February, 2009, on the said application by the Revenue Authority, reveal that Pathwari Halqa concerned was directed to demarcate the land in presence of parties without disturbing the physical possession of the parties. The report was filed by the Pathwari concerned. It is reported that the matter does not pertain to demarcation of the land, but the applicants want to take the possession of the land in terms of mutation Order No. 1398. Naib Tehsildar, submitted report to the Tehsildar mentioning the same fact. The petitioners have filed civil suit which is pending before the court of competent jurisdiction. Aijaz Ahmad Mandoo is defendant in the said suit. Record of this writ petition reveals that on the application of Aijaz Ahmad another report was sent on 20th May, 2009, in which it is specifically stated that the issue involved is not demarcation of land on spot but of handing over the possession. Aijaz Ahmad, filed another application before the Tehsildar on 18th November, 2009, wherein he has stated that Abdul Rehman Mandoo, Gh. Ahmad and their children are allegedly creating law and order problem and are hell-bent to dispossess the said Aijaz Ahmaed. On this application, Tehsildar directed the SHO, Police Station, Ram Munshi Bagh, and Srinagar to verify and do the needful for protection of the property of the applicant under law. It was further provided in the said order that since the property/land is a joint ancestral property of applicant and non-applicants and he has every right to enter into his land /property. Thereafter, on 18th October, 2009, Tehsildar, sent another communication to SHO, Police Station, Ram Munshi Bagh, Srinagar in respect of the land measuring 18 kanals and 4 marlas covered under survey nos. 64,65,66,67 and 68 in which it was also stated that same is recorded in the name of Aijaz Ahmad in terms of mutation no. 1398. The SHO, Police Station, Ram Munshi Bagh, Srinagar was also informed that the land is State land and the non-applicants Ab. Rehman Mandoo and others have also same land in the same survey numbers. It was also stated that the land in question was demarcated by the concerned field staff on 19th November, 2009 and the parties were informed about the boundaries of their shares. The SHO was informed to provide necessary protection to the applicants for safeguarding their possession. It is this communication, which is called in question in this writ petition, inter-alia on the grounds that the petitioners were having possession of the said land; the dispute was already compromised between the predecessors in interests of the parties way back in the year 1976 in a civil suit which was pending on the files of this Court and in sequel thereto, the order of mutation was passed by the competent authority which though initially was set-aside by the Financial Commissioner, Revenue, but in a review petition was maintained, of course after making some clarification.

(2.) Heard learned counsel for the parties. Considered the matter.

(3.) Learned counsel for the petitioner argued in tune with his pleadings.