SYED MANZOOR AHMAD Vs. SPECIAL TRIBUNAL, J&K

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment dated 3.11.2006 passed by the learned Single Judge whereby he dismissed OWP No.332 of 2003 titled Syed Manzoor Ahmad & anr. v. J&K Special Tribunal, Srinagar & ors. 2007 (1) JKJ HC -518, filed by the present appellants.

(2.) THE dispute between the parties (present appellants and respondent: 5) is on a piece of agricultural land measuring 5 kanals under survey No. 560/Min situate at Azadpore, Tehsil and District Anantnag. The land belonged to one Abdullah Khan on whose death it was mutated in the name of his 'khana -nashin daughter -respondent: 5 as owner in 'personal cultivation of the land.

(3.) IN the year 1988, Tehsildar Settlement, Anantnag on a report of patwari halqa concerned directed change in the entries in a public meeting held in the village on 27.12.1988. On the said date the Tehsildar started proceedings under Section 4 of the Jammu and Kashmir Agrarian Reforms Act, 1976 (for short the Act) and on completion thereof mutated the land in favour of the appellants under Section 8 of the Act vide order dated 3.5.1993. All these proceedings, were conducted in absence of the respondent without even a notice to her.