MOHAMMAD MAQSOOD RATHER Vs. STATE

JUDGEMENT

(1.) Quashment of order dated 24.2.2011, passed by Joint Financial Commissioner (AR) with powers of Financial Commissioner, Srinagar, in revision petition captioned Mohammad Maqsood Rather v. Mohammad Hussain and Anr. is sought.

(2.) Landed property of Petitioner and Respondent No. 2 covered by survey No. 1329-min and 1330 situated in village Mantrigam Bandipora, is situated adjacent to each other. Right of user through the land of Petitioner so as to reach to the land of Respondent No. 2 was claimed to be existent but no such entry existed in the revenue records. Dispute arose when allegedly Petitioner fenced his portion of land. Tehsildar, Bandipora inspected the spot on 18.5.2006 for verification in presence of villagers as well as the parties. He found that the Petitioner had blocked the path running through survey No. 1329 subjecting the Respondent No. 2 to inconvenience. Detailed order on verification was passed and the position of existence of path has been reflected in the revenue records in the year 2006, pathway, as such, was restored.

(3.) Aggrieved by the said order, the Petitioner filed an appeal before the Deputy Commissioner, Bandipora and also the revision petition before the Financial Commissioner. The said revision petition has been dismissed. While doing so, it has been opined that there is no infirmity in the order, more so, when the parties have entered into an agreement registered by Sub-Registrar, Bandipora dated 29.4.2008, wherein existence of pathway through land under Survey No. 1329 leading to Survey No. 1330 has been admitted. It has also been observed that the appeal before the Deputy Commissioner, in view of his order, shall automatically stand disposed of.