GHULAM AHMAD MIR Vs. STATE & ORS

JUDGEMENT

(1.) Human instinct of owning and possessing material things is yet again reflected in these proceedings in their full vigor. The litigation was initiated in the year 1968 by predecessor in interest of the Appellant (hereinafter referred to as Appellant) against the predecessors in interests of the private respondents (hereinafter referred to as private respondents), by filing Application seeking ejectment of private respondents from land measuring 24 kanals 9 marlas covered by Khasra NOs. 290, 295, 296 & 297 min, situated at village Baghat, Tehsil Sopore.

(2.) The Assistant Commissioner, Baramulla, vide his order dated 04th May, 1971, ordered for ejectment of private respondents from the aforesaid land. The private respondents filed an Appeal against the order of ejectment before the Divisional Commissioner, Kashmir, who, vide order dated 06th September, 1978, declared that the Appeal and the order challenged therein, have abated in view of the mandate contained in sub section 2 of section 42 of the Jammu & Kashmir Agrarian Reforms Act, 1976 (for short Act of 1976). The Divisional Commissioner, accordingly, directed for returning of the file to Assistant Commissioner, Baramulla. The aforesaid order has not been challenged by the Appellant at any point of time and has attained finality.

(3.) When the record was sent back to the Court of Assistant Commissioner, Baramulla, (Collector Agrarian Reforms), it remained pending on its files for some time, whereafter it was send to the Collector Agrarian Reforms, Sopore, who, vide order dated 20th July, 1982, declared that the order dated 04th May, 1971, passed by the Assistant Commissioner, Baramulla, whereunder he had ordered for ejectment of the private respondents from the land in question, is in operation and enforceable and directed for its implementation in letter and spirit. This order was challenged by the private respondents before the Agrarian Reforms Commissioner, Kashmir, who, vide order dated 19th August, 1983, dismissed the Appeal. The private respondents challenged the said order before the J&K Special Tribunal (for short Tribunal). The Tribunal, vide order dated 11th August, 1987, dismissed the Revision Petition.