MOHAMMAD ISSAQ Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This appeal has been preferred by the writ petitioners against the judgment and order dated 28.09.2012 passed by the learned Writ Court in OWP No. 635/2010, whereby the writ petition has been dismissed with costs quantified at Rs.20,000/ to be paid by the writ petitioners.

(2.) In the writ petition, the appellants challenged the orders dated 15.04.2008 and 09.05.2008 passed by respondent no. 1 (Financial Commissioner) in an appeal filed by the private respondents against mutation orders no. 722 to 741 dated 04.09.2006; no. 742 to 761 dated 16.12.2006; and mutation order no. 762 dated 02.06.2007 passed by Tehsildar concerned. The appellants in the aforesaid writ petition also challenged conversion of the appeal by respondent no. 1 into a revision petition and the proceedings conducted by respondent no. 1, first in the appeal and after its conversion, in the revision petition. The appellants also sought a writ of mandamus/prohibition directing the respondents not to cause any interference in their possession over the land covered by the aforesaid mutations and further, not to cause any kind of stoppage of irrigation water to these lands in any manner whatsoever.

(3.) It may be mentioned here that by the aforesaid order dated 15.04.2008, respondent no. 1 had directed that Deputy Commissioner- respondent No.2, Kargil was to ensure that the position regarding use/sharing of water for irrigation as it benefits the lands of the private respondents was not to be allowed to their disadvantage till further orders not withstanding the entries recorded by the Patwari / Tehsildar, as alleged. By the subsequent order dated 09.05.2008, respondent no. 1 had treated the appeal filed by the private respondents as a revision petition and directed that the order passed on 15.04.2008 was to apply mutatis mutandis.