SURAJ PARKASH Vs. HONBLE MEMBER, J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) THROUGH the medium of this petition, the petitioner herein namely, Suraj Prakash son of Durga Das, has invoked the extraordinary writ jurisdiction of the court for the issuance of an appropriate writ to quash the order dated: 4.10.1993 passed by respondent No.1. The factual matrix of the case lies in a narrow compass. Makhan and Malarah were two real brothers. The parties of the case are their decendants. Makhan is survived by the petitioner namely, Suraj Prakash and respondents 4 to 7 are the decendants of the said Malarah. It is pleaded that respondents 2 and 3 attested mutations No. 78 and 787 respectively under section 4 of the J&K Agrarian Reforms Act, 1976 (hereinafter referred to be as an Act) in respect of the land situated in villages Khari and Bhadawa palli Tehsil Bishnah in favour of respondents 4 to 7. Subsequently, mutation No. 848 was attested under section 8 of the said Act. The petitioner herein challenged these mutations before the learned Joint Financial Commissioner under the Agrarian Reforms Act by filing two appeals {316/92 & 323/92). Both these appeals were decided by the said learned Commissioner by a common order dated: 17.12.1992 whereby he accepted the appeals and set aside the above stated mutation orders. Respondents 4, 6 and 7 challenged that order of the learned Commissioner by filing the revision petition in the J&K Special Tribunal, Jammu. Respondent No.1 accepted the revision petition and set aside the impugned order dated: 17.12.1992 passed in appeal by the learned Commissioner. The order of the learned Commissioner has been challenged on the followings grounds:

(2.) HEARD the learned counsel appearing for the parties and perused the record.

(3.) MR . Sharma, the learned counsel for the petitioner, has reiterated the arguments which form the basis of the memo of appeal. Mr. Sethi learned counsel for respondents 4 to 7, has contended that petitioner Suraj had the knowledge of the attestation of the mutations in question because on these mutations his signatures had figured.