MAQSOODA Vs. STATE

JUDGEMENT

(1.) BY this petition, petitioners seek writ of certiorari for quashing the order passed by respondent No.1 (Financial Commissioner) in revision petition No: 49 of 1990 titled Hafiza Banoo and others versus Mohammad and others on 7.6.1994 and a writ of mandamus commanding that mutation No: 262 affected by learned Tehsildar Ganderbal dated 6.8.1984 in respect of land measuring 6 kanals and one marla situate at Choudhary Bagh, Srinagar covered under Khasra No: 212 (new) and 210 (old) be declared as null and void and declaring that the mutation affected in the year 1982 in favour of the petitioner being in accordance with law, shall continue.

(2.) THE facts in brief which have given rise to the present petition are that one Subhan Mir, father of petitioners, had by virtue of a sale deed executed on 26.8.1962 and registered on 22.3.1963 had sold a piece of land measuring six kanals and one marla covered under survey 210 (Old) situated at Choudhary bagh tehsil Ganderbal, which as per averments made in the sale deed was in the cultivating possession of Abdullah Baba S/o Ahmad Baba R/o Badragund, Ganderbal, who happens to be the father of respondents 2 to 8 in the petition. The said land was within the notification of Consolidation of Holdings issued on 9.6.1962 vide SRO 219, as such, as per averments of the petitioners, the land could not have been transferred during the pendency of the Consolidation proceedings, without permission in this behalf, which is alleged to have been obtained by the Seller Subhan Mir on 10 -7 -1962 from Additional Settlement Officer, granting him permission for the said sale in question.

(3.) WHILE perusing the records, it transpires that the land under survey No: 212 (new) which was previously under survey No: 210 (old) is consisting of 21 kanals and 10 marlas and is shown in the ownership column of Girdawari as under: - Abdullah Wa Mohd Wa Habib pisran Ahmad ba hisa barabar teen hisa wa subhan was Ahmad Mir yak hisa Sakinan Deh.