MUGLI BEGUM Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The instant Letters Patent Appeal is directed against judgement dtd. 27/6/2016 passed by the learned Writ Court in a writ petition filed by the predecessor-in-interest of the appellants against the respondents. In the said writ petition, the writ petitioner had challenged order dtd. 28/3/2005, passed by the Financial Commissioner, whereby orders recorded on ten separate mutations had been set aside. By virtue of the impugned judgment, the learned Writ Court has, while upholding the order of the Financial Commissioner, dismissed the writ petition.

(2.) According to the appellants, respondent No.2 had executed an oral gift in respect of various parcels of land situated at Village Kralpora in favour of the writ petitioner, regarding which ten separate mutations were attested. The details of these mutations are given as under:

(3.) Respondent No.2 challenged the aforesaid mutations by filing a petition before respondent No.1-Financial Commissioner, on the ground that these mutations are fictitious in nature. An enquiry into the matter was directed by respondent No.1 and Assistant Settlement Officer, Kashmir, after holding the enquiry, submitted his report. As per the said report, ten mutations attested in favour of the writ petitioner on different dates bear the signatures of same set of witnesses in similar ink. It was further reported that the signatures of the witnesses and respondent No.2 were obtained on blank forms and the procedure prescribed under Standing Order 23-A was not followed. Acting on the aforesaid report, the Financial Commissioner vide order dtd. 28/3/2005, set aside all the ten mutations. This order was challenged by the predecessor-in-interest of the appellant before the learned Writ Court.