GHULAM MOHI-UD-DIN KOKA Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioners have called in question order dtd. 17/3/2021 passed by Joint Financial Commissioner [respondent No.2] in the reference titled "Khazir Koka vs. Majid and others" and order dtd. 21/1/2021 passed by Commissioner Survey and Land Records [respondent No.3].

(2.) Briefly put, the relevant facts leading to the filing of the instant petition are that the predecessor-in-interest of the petitioners filed an application before the Assistant Commissioner, Revenue, Anantnag, for partition of land falling under Survey No.69 (7K-6M), 71(4K-9M), 72(5K-10M) and 66(4K-16M) of Estate Chaki Hussan Abad Tehsil Anantnag [hereinafter referred to as the subject land]. This application was filed against one Majeed Hassan, the predecessor-in-interest of the private respondents. The application was entertained by the Assistant Commissioner, Revenue, who, vide his order dtd. 26/4/2010, while issuing notice to the non-applicants for filing objections also provided by way of interim arrangement that the parties shall not cause any interference, change in the existing revenue entries and fell trees or alienate the subject land till filing of objections.

(3.) The predecessor-in-interest of the petitioners filed a transfer application before the District Collector/Deputy Commissioner, Anantnag. The transfer application was entertained by the District Collector, who vide his order dtd. 12/6/2014, directed the Assistant Commissioner, Revenue, Anantnag, to proceed in the matter after providing an opportunity of being heard to both the parties.