MST. TAJA Vs. JOINT FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Order dtd. 9/12/2021, passed by the Joint Financial Commissioner, J&K with the powers of Financial Commissioner, Revenue, Srinagar, in Reference File No. 28/FC/AP titled Mst. Taja versus Ghulam Ahmad Ellahi, is subject matter of challenge in this petition filed by Mst. Taja under article 226 of the Constitution of India.

(2.) Precisely put, the facts leading to the filing of this petition are that, on the basis of an oral gift, a mutation bearing No. 1665 dtd. 5/3/1998 was passed by the Naib Tehsildar with respect to the land measuring 10 kanals and 14 marlas falling under survey NOs. 144 min, 889 min., 624 min. and 672 of estate Watrihael, Tehsil and District Badgam, in favour of respondent No.2 . Father of the petitioner is shown as donor, whereas respondent No. 2 is a donee in the said mutation, which was impugned before the Divisional Commissioner, Kashmir, in a Revision Petition filed by Mst. Taja - petitioner herein. The petitioner succeeded before the Divisional Commissioner and the impugned mutation, attested in favour of the respondent, was set aside and accordingly reference was made by the Divisional Commissioner to the Financial Commissioner. The Financial Commissioner considered the matter in the presence of learned counsel for the parties and after giving due consideration to the rival contentions, rejected the reference dtd. 7/6/2021 made by the Divisional Commissioner, Kashmir. The mutation was upheld in terms of its order dtd. 9/12/2021.

(3.) Feeling aggrieved and dissatisfied with the order of the Financial Commissioner dtd. 9/12/2021, the petitioner has filed the instant petition.