AZIZ PARRA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This Appeal under Clause 12 of Letters Patent of this Court is directed against the judgement dtd. 23/2/2023, passed by learned Single Judge of this Court ('Writ Court') in WP(C) no.1700/2022 titled as Aziz Para and others v. UT of J&K and others, whereby the writ petition filed by appellants herein ('writ petitioners' hereinafter), challenging the order dtd. 23/7/2022 passed by Commissioner, Agrarian Reforms (Additional Deputy Commissioner) Budgam, has been dismissed.

(2.) Briefly stated, the facts leading to filing of this appeal are that land measuring 01 Kanal 01 Marla falling under Survey no.671 and 1193/640 situate at Village Gudsathoo Tehsil and Distrit Budgam ('subject land') was claimed to be in cultivating possession of writ petitioners in Kharif 1971. Since it was respondent no.4, owner of the subject land, who was shown in the personal cultivation of the subject land, as such, the writ petitioners approached the concerned revenue officer for correction of Girdawari entry pertaining to Kharif 1971, so that they are enable to reap the benefits of J&K Agrarian Reforms Act ('Act of 1976'). On the request of writ petitioners and in presence of respondent no.4, the mutating officer vide his order no.866 dtd. 4/12/1981, attested Sehti Kasht Mutation in favour of writ petitioners. Consequent upon correction of Khasra Girdwari pertaining to Kharif 1971, mutation no.877 dtd. 28/12/1981 and mutation no.892 dtd. 20/2/1982 under Sec. 4&8 respectively of the Act of 1976 came to be attested in favour of writ petitioners.

(3.) Feeling aggrieved, respondent no.4, namely, Ali Parra, challenged all the three mutations attested under the Act of 1976 before the Commissioner Agrarian Reforms (Additional Deputy Commissioner) Budgam ('Commissioner' for brevity), by way of three appeals instituted on 1/7/2006. The appeals were allowed by the Commissioner vide order dtd. 25/6/2011. The writ petitioners challenged the order of the Commissioner before the J&K Special Tribunal, Srinagar. The order of the Commissioner dtd. 25/6/2011 was set-aside by the Tribunal vide order dtd. 11/7/2014 and the matter was remanded to the Commissioner for passing a speaking order strictly under Order XLI Rule 3A of the J&K Civil Procedure Code.