GHULAM RASOOL THOKER Vs. FINANCIAL COMMR

JUDGEMENT

(1.) The petitioner has challenged order dtd. 11/10/2017 passed by respondent No.1 to the extent it has set aside order dtd. 21/7/1990 passed by Tehsildar, Dooru, on Farde Partal register.

(2.) Briefly stated, case of the petitioner is that land measuring 2 kanals 13 marlas in Khasra No.1363-min situated at Mouza Dooru was jointly purchased by two brothers, namely, Ghulam Rasool Thoker (petitioner herein) and Ab. Aziz Thoker (father of respondents No.3 and 4) in equal shares. It is being submitted that father of respondents No.3 and 4 agreed to sell his share in favour of the petitioner and in this regard an agreement was executed between the parties. On the basis of this agreement, Tehsildar, Dooru, recorded possession of the petitioner and passed order dtd. 21/7/1990. It has been averred that during the life time of father of respondents No.3 and 4, nobody raised objection with regard to entry pertaining to possession but after his death, respondents No.3 and 4 made an application to Additional Deputy Commissioner, Anantnag, and the same was sent to Tehsildar, Dooru, who, without hearing the petitioner and without seeking permission under Sec. 13 of the Land Revenue Act, reviewed his order dtd. 21/7/1990 and passed a fresh order on 17/1/2013 thereby changing the entry in the revenue record.

(3.) It seems that the petitioner herein filed an appeal before the Collector, Anantnag, against order dtd. 17/1/2013 passed by Tehsildar, Dooru, and when no proceedings were being conducted in the appeal, he approached the Divisional Commissioner, Kashmir, with a revision petition. On 8/1/2014, a direction was passed by the Divisional Commissioner, Kashmir, to Deputy Commissioner, Anantnag, to decide the matter within twelve weeks but no decision was rendered by the Deputy Commissioner.