AZIZ DAR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioner is aggrieved and has challenged order dtd. 18/2/2020 ['the impugned order'] passed by the Financial Commissioner (Revenue), J&K, Srinagar ['the Revisional Authority'] in a revision petition filed by respondent Nos. 2 to 4 against the petitioner and four others whereby the Revisional Authority has set aside mutation No. 9 dtd. 28/10/1968, mutation No. 311 dtd. 16/1/1989 and mutation No. 497 dtd. 22/5/1957 and has remanded the matter to Tehsildar, Pattan for attestation of fresh mutations in respect of the landed property of late Habib Dar and Rahim Dar strictly as per the Muslim law and in accordance with the procedure laid down in Standing Order 23-A.

(2.) Before adverting to the grounds of challenge urged by Mr. R.A. Jan learned Senior Counsel to assail the impugned order, it is necessary to briefly state few relevant facts. Two brothers, namely Rahim Dar and Habib Dar owned landed property in village Sriwarpora, Tehsil Pattan. Both the brothers have died since long. Habib Dar died issueless and was survived by his widow Mst. Mukhti, whereas Rahim Dar is survived by four male issues which included respondent Nos. 2 and 3 and the petitioner herein. After the death of Habib Dar, his landed property was mutated in the name of the petitioner (adopted son) and wife Mst. Mukhti in equal shares. This is reflected in mutation No. 9 attested by the Naib-Tehsildar concerned on 28/10/1968. After the death of Mst. Mukhti, her share which she had inherited from her husband too was mutated in the name of the petitioner claimably adopted son of late Habib Dar. This is so reflected in mutation No. 311 attested on 16/1/1989. So far as the estate of Rahim Dar is concerned, the same upon his death was mutated in the name of his three sons and widow through mutation No. 497 attested on 22/5/1957. The petitioner, who was biological son of Rahim Dar, was excluded from inheriting the estate of Rahim Dar on the ground that on his adoption by Habib Dar he had ceased to be the son of Rahim Dar and was, thus, not entitled to succeed to his estate along with his other three brothers.

(3.) The aforesaid three mutations were assailed by respondent Nos. 2 to 4 (respondent Nos. 2 and 3 being sons of Abdul Rahim Dar and respondent No. 4 being son of late Salam Dar, 3rd son of late Rahim Dar, by filing three different revisions petitions under Sec. 15 of the J&K Land Revenue Act, 1996 ['the Revenue Act'] directly before the Revisional Authority. The aforesaid revision petitions were instituted on 1/6/2018 and were disposed of vide order impugned dtd. 18/2/2020.