GHULAM MOHI UD DIN BHAT Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The main writ petition alongwith CMPs was taken up for final disposal on request of the counsel for the parties. Heard. Considered. Admit.

(2.) Petitioner claims to be owner in occupation of land measuring 1 kanal 17 marlas in Survey No. 124 at village Numai Kulgam. The land is stated to be Bunjer-i-Qadeem on which petitioner has constructed residential house for last three years. The respondent No. 4, an adjacent land owner applied to the revenue authorities, that as the land is Aabi-awal, the petitioner could not have raised the residential house on the land, Tehsildar marked this application for action to concerned police for demolition of the house without any notice. Petitioner filed the revision petition which was ultimately heard by the Financial Commissioner and the Financial Commissioner upheld the direction and dismissed the revision on 26-12-2001. (Annexure Cl). Tehsildar after this decision en 20-10-2000 (Annexure-D) directed the Police Zainapora for removal of construction to restrain the party from changing the nature of Aabi land.

(3.) The above order of Financial Commissioner and direction of Tehsildar dated 20-10-2000 is impugned in the petition on the ground that there has been non compliance with provision of law as envisaged under Land Revenue Act and the order has been passed at the back of the petitioner, who has not been given any opportunity in the matter. This direction is unjust and in violation of provision of law.