RASHEEDA AKTHAR Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 103 of the Constitution of Jammu and Kashmir read with Article 226 of the Constitution of India has been filed by one Rasheeda Akhtar for quashing the order passed by Ld. Financial Commissioner dated 14.6.2005 in revision petition titled Syed Jalal -ud -din Shah v. Rasheeda Akhtar by means of which mutation No. 620 dated 13.1.1977 ordered by the Naib Tehsildar Chadoora and mutation No. 1170 dated 16.1.1979 ordered by the Tehsildar Chadoora were set aside.

(2.) THE facts relevant for the disposal of this petition are as under: - Parties namely Rasheed Akhtar W/o Syed Abdul Rashid Qadiri R/o Lasjan (hereinafter referred to as the petitioner) and Syed Jalal -ud -din S/o Syed Mustaffa R/o Lasjan (hereinafter referred to as the respondent no. 2) are the descendants of one Syed Kabir who had some landed property at village Lasjan Tehsil Chadoora District Budgam Kashmir. Syed Kabir had two sons namely Mohd. Syed and Syed Mustafa who inherited the estate of Syed Kabir. Mohd. Syed died issueless whileas the petitioner and respondent No. 2 are the issues of Syed Mustafa. By means of mutation No. 620 dated 13.1.1977, the land left by late Syed Mustafa was mutated in favour of the petitioner and respondent No. 2 in equal shares. The petitioner claimed and got 1/2 of the share as a Khan -nisheen daughter. By means of the second mutation No. 1170 dated 16.1.1979 the property of late Mohd. Syed, the uncle of the petitioner and respondent No. 2 was also mutated in their favour in equal shares. The mutation was effected in their favour as Mohd. Syed had died issueless without leaving behind a widow. Respondent No. 2 challenged both the mutations by means of the two revision petitions which were heard and disposed of by the Financial Commissioner by means of the impugned order dated 14.1.2005.

(3.) THE learned Financial Commissioner came to the conclusion that the impugned mutations have not been attested correctly in terms of the law. He, therefore, accepted the revision petitions and set aside the impugned mutations. He remanded the case back to the Tehsildar Chadoora for fresh enquiry and orders in terms of law.