REHMAN DAR Vs. DISTRICT MAGISTRATE AND ORS.

JUDGEMENT

(1.) THE petitioner, through the medium of the instant writ petition seeks quashment of order dated 27th August, 2013, passed by the Collector, (Deputy Commissioner) Budgam, in case titled Abdul Rashid Dar and others v. Abdul Rehman Dar and others, in terms whereof mutation Order No. 378 dated 19.04.1994, of village Kultreh, Tehsil Chadoora, in regard to land measuring 7 kanals falling under survey No. 193 min, was set aside and the case was remanded back to the Tehsildar, Chadoora, for passing appropriate orders under law. It has been stated in the writ petition that the petitioner holds possession of 07 Kanals of land falling under survey No. 193 min, renumbered as 660 min, of revenue estate Kultreh as owner thereof, and also possesses Shamilat Jaiz Land measuring 16 Kanals falling under survey No. 198 of revenue estate Rangeen Kultreh, Tehsil Chadoora, already detailed in the impugned order and need not to be detailed herein.

(2.) ACCORDING to the case set up by the petitioner in the instant petition Mst. Mali and Mst. Zeeba delivered possession of the land in Pursuance of an oral gift, effected by Mst. Mali and Mst. Zeeba in the year 1990 and formally participated in the mutation proceedings effected in the year 1994. Petitioners claims to be in exclusive possession of the land aforementioned which has been converted into an Orchard.

(3.) PETITIONER claims to have assailed the said order by invoking the writ jurisdiction of this Court through the medium of writ petition (OWP No. 852/2013), which came to be disposed of with a direction to the Deputy Commissioner, Budgam, to provide an opportunity of hearing to the petitioner and pass final order within a period of two months stipulated therein.