MOHD SUBHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition is on the board of this Court for the last more than 12 years. A short point is involved in this petition.

(2.) IT appears that Tehsildar (Assistant Collector Agrarian Reforms) Ganderbal, passed a mutation No.691 in terms of Rule 4 of the Agrarian Reforms Rules, hereinafter for short Rules, whereby the entries in khasra girdawari in respect of land measuring 4 kanals falling under survey No.60 min situated at Village Shuhama, Tehsil Ganderbal, came to be corrected and the writ petitioner Mohammad Magray came to be recorded in possession of the land as tenant right from kharief 1971 and accordingly came to be declared as prospective owner in terms of Section 4 of the Agrarian Reforms Act, hereinafter for short the Act. Thereafter, Tehsildar (Assistant Collector Agrarian Reforms) Ganderbal, passed another mutation No.704 under Section 8 of the Act in favour of Mohammad Magray, writ petitioner. Feeling aggrieved of the mutation orders, respondents, namely, Wali Rather, Ghulam Mohammad Rather, Mst. Zooni and Mst. Khatija had preferred an appeal against the said mutation orders before Financial Commissioner and Agrarian Reforms Commissioner, Jammu & Kashmir State, Srinagar, which came to be dismissed with direction to the Tehsildar concerned to ascertain the factum of possession on spot to the extent of each co -sharers share and also passed a restraint order directing the parties not to interfere with the possession of each other. It is profitable to reproduce operative part of the said order herein, which reads as under:

(3.) WALI Rather, one of the respondent feeling aggrieved of the order of appellate court preferred a revision petition before the Jammu & Kashmir Special Tribunal, Srinagar, and arrayed Mohammad Magray and other co -sharers, who were respondents in the appeal before the appellate court, as respondents.