FATEH ALI KHAN Vs. J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 and 227 of the Constitution of India challenging order dtd. 2/2/2013 passed by Additional Deputy Commissioner, Kupwara, and order dtd. 23/7/2014 passed by J&K Special Tribunal, Srinagar, whereby mutation Nos.158 and 166 dtd. 30/12/1989 attested in favour of the petitioner in respect of land measuring 01 kanal under Khasra No.464- min, 10 marlas under Khasra No.465-min and 10 marlas under Khasra No.469-min of Village Prada Tehsil Karnah has been set aside.

(2.) The case of the petitioner is that in the year 1989, he purchased the aforesaid land for an amount of Rs.15000.00and an agreement to sell was executed in his favour by the owners of the land. The petitioner is stated to have approached the Revenue Authorities for attestation of mutation in respect of land in question and, accordingly impugned mutation under Sec. 4 and 8 of the Agrarian Reforms Act came to be attested in his favour. It is the case of the petitioner that possession of the land in question was handed over to him after he had paid sale consideration to the owners i.e., respondents No.4 to 9 herein. It is further averred that after about 23 years, private respondents, particularly respondent No.6, filed an appeal before the Court of Additional Deputy Commissioner, Kupwara, for setting aside the aforesaid mutation. The said appeal was allowed by the Additional Deputy Commissioner, Kupwara, vide his order dtd. 2/2/2013, whereby impugned mutation was set aside and the case was remanded back to Tehsildar, Karnah, for de novo enquiry.

(3.) The aforesaid order was challenged by the petitioner by way of a revision petition before J&K Special Tribunal, Srinagar, but the revision petition also came to be dismissed by the Revisional Forum vide its order dtd. 23/7/2014 with the modification that there is no requirement of holding a de novo enquiry.