PREM NATH Vs. CHUNI LAL

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of india read with Section 103 of the Jammu and Kashmir State has been filed for a writ of certiorari to quash order dated 6. 4. 2004 passed by respondent No. 2 ( Financial Commissioner ) Jandk jammu in file No. 309/fc-AP of 2002.

(2.) PETITIONER and respondent no. 1 are in possession of land jointly owned by them under various Khasra Nos. situated at village Arnia, Tehsil Bishnah. In the year 1973 respondent no. 1 filed an application for partition of the land with the Assistant commissioner, Jammu but the same got abated due to the implementation of Jammu and Kashmir Agrarian Reforms Act, 1976. Later another application moved by him for partition of the land was allowed by the Tehsildar Bishnah vide order dated 11. 1. 2001.

(3.) FEELING aggrieved of the same the present petitioner filed an appeal with the Director Land Records Settlement Officer, jammu who vide order dated 23. 7. 2001 allowed the appeal and set aside the order of Tehsildar. The matter went in reference to the financial Commissioner, Jammu who vide order dated 6. 4. 2004 impugned in the present petition, directed Tehsildar Bishna to proceed in the matter under para 105 of the Partition Rules 1970. The Financial Commissioner set aside the order of the Tehsildar bishnah dated 11. 1. 2001 and the order of Director Land Records dated 23. 7. 2001.