RAMZAN BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition has been filed for grant of writ in the form of certiorari quashing an order passed by the Revenue Minister, respondent No.2, on 1 -8 -1985 in file No. Rev (APP) 56 -K(D -496):

(2.) LAND measuring 5 -kanal 14marlas comprising of khasra No.21 9/1 88/5 of village Shankarpora was in cultivating possession of respondent No.4 in kharif 1971. He was recorded so even earlier to kharif 1971. Respondent No.3, while acting in terms of the Agrarian Reforms Act, (hereinafter called the Act), took stock of the spot position. Mutation in terms of sections 4 of the Act was attested by respondent No.3 in the name of respondent No.4 as prospective owner, amount of Rs. 4841. 38P.

(3.) SUBSEQUENTLY on payment of levy/vide passbook No. 1853/18 dated 14.7.1980, mutation under Sec.8 also was attested in favour of respondent No.4. The petitioner No.1, later, applied for resumption of the disputed land under Sec.7 of the Act. Resumption application was rejected on the ground that the ex -owner had sold some of his after 1971. The amount of levy was drawn and received by the writ petitioner No.1. Under Sec.8 of the Act full ownership rights got conferred upon respondent No.4. Afterwards the writ petitioner No.1 challenged mutation No. 31 8, passed under Sec.8 of the Act, in appeal before the Agrarian Reforms Commissioner. He, however, did not challenge mutation No.299 which was passed in terms of Sec.4 of the Act. Then parties, in appeal filed against mutation No.318, entered into a compromise. On basis of this compromise the Agrarian Reforms Commissioner (hereinafter referred to as Commissioner) passed an order on 25.5.1982. This order of the Commissioner was challenged before the Revenue Minister by filing a revision petition and the latter, while accepting the revision on 1.8.1985 set aside the order passed by the Commissioner. It is against that order of the Revenue Minister (respondent No.2), that this petition has been filed.