RAJA BEGUM Vs. J. & K. SPECIAL TRIBUNAL

JUDGEMENT

(1.) The petitioners have invoked extraordinary writ jurisdiction vested in this Court under Article 226 of the Constitution of India to call in question an order dtd. 17/10/2018, passed by the J&K Special Tribunal ["the Tribunal"] in a revision petition titled "Abdul Rehman Lone vs. Shri Piyare Lal Raina and others" whereby the Tribunal has dismissed the revision petition filed by the petitioners and upheld the order dtd. 3/10/2017 passed by learned Additional Deputy Commissioner (Commissioner Agrarian Reforms), Anantnag.

(2.) Before adverting to the grounds of challenge urged by learned counsel for the petitioners to assail the impugned order, it would be necessary to give brief resume of the factual antecedents leading to the filing of the instant petition.

(3.) The land, which is subject matter of entire controversy, measures 01 kanal and 07 marlas falling under Survey No.389 Khewat No.2 and Khata No.2 situate at Village Kharman. As per Jamabandi of 1971-72, the subject land was recorded in the ownership of Niranjan Nath S/o Haldar and Jia Lal S/o Sona Nath (Khud Kasht Jia Lal Hissadar). After the death of Niranjan Nath and Jia Lal Raina, the subject property was inherited by their legal heirs, namely, Piyare Lal Raina and Ramesh Kumar Raina, respondent No.2 and 3 in this petition. In the year 1990, respondent No.2 and 3 were forced to leave the Valley in the wake of eruption of militancy. As it has come on record that on 7/2/2000, the respondent No.2 and 3 executed an agreement to sell in favour of Late Gul Bhat S/o Habibullah Bhat for a sale consideration of Rs.1,20,000.00. The subject property, which is claimed by the private respondents, came into permissive possession of respondent No.4 to 9 and the process for seeking permission of the competent authority to effect sale was set in motion. It was during the course of preparing the papers for seeking permission, it came to the notice of respondent No.2 and 3 that there was some mutation under Sec. 8 of the Agrarian Reforms Act ["the Act"] i.e. mutation No.1082 dtd. 14/4/2000, attested in favour of the petitioners.