MOHD MAQBOOL DAR Vs. REVENUE MINISTER, J&K

JUDGEMENT

(1.) THIS petition has been directed against an order passed by Revenue Minister on 24 -8 -1982. This has decided two cross revisions filed by the parties before him against an order of the Agrarian Reforms Commissioner in terms of Jammu and Kashmir Agrarian Reforms Act of 1976, "(hereinafter called the Act)", under the order impugned, the Revenue Minister has remanded the case to the Collector Agrarian Reforms Sopore for fresh orders in terms of the following directions: -

(2.) THE petitioner "Subhan Dar was the father and respondent No.3 his son, Subhan Dar inherited some land falling within the ambit of the Act. He was duly recorded to be in cultivating possession of this land in Kharief 1971. Mohd Anwar, the son (Respondent No.3), approached Additional Tehsildar, Sopore, (circle Officer) and got mutation No.49 of village Riban Rehema, attested, where -under Mohammad Anwar Dar was ordered to be entered in the possession column of 12 kanals and 12 marlas comprising of different survey Nos. w.e. from Kharief 1971. This order was challenged in appeal before Agrarian Reforms Commissioner. The Agrarian Reforms Commissioner accepted the appeal and held that the Circle Officer was not at all justified in passing the order against the law and was absolutely wrong in holding that Anwar Dar had a separate family unit. According to him, the Addl. Tehsildar also committed a gross error of law in placing reliance upon the will which was said to have been executed by Subhan Dar as Subhan Dar at the time of mutation was very much alive and the will could not be acted upon.

(3.) SUBHAN Dar, however, during the pendency of this petition died and his representatives have stepped into his shoes after duly being substituted. The petitioners herein are aggrieved of the order on the following grounds: -