LAWS(J&K)-2019-12-18

GHULAM NABI BHAT Vs. STATE OF J&K

Decided On December 13, 2019
GHULAM NABI BHAT Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) Petitioner is aggrieved of the order passed by the Financial Commissioner (Rev), Jammu and Kashmir, Jammu/Srinagar on 27.11.2018, in terms whereof the application of the petitioner, seeking demarcation of land measuring 03 Kanals and 07 Marlas, falling under Khasra Nos. 228 and 237, Khewat No. 9 of revenue estate, Chanderpora, Harwan, stands disposed of in light of the demarcation made by Tehsildar North, Srinagar, as reported vide No. 1292/TNS/OQ dated 23.10.2018 and challenges the same on various grounds detailed out in the petition. Brief facts of the case are summarized as under:-

(2.) The petitioner had filed application before the respondent No. 2, Financial Commissioner for a direction upon the revenue officials to constitute an enquiry team in order to demarcate the land of the petitioner as per the dimensions shown in the sale deed and further for restoration of his land, if not as per the dimensions recorded, but the application of the petitioner stands disposed of in terms of order dated 27.11.2018 on the basis of a report filed by the Tehsildar.

(3.) Petitioner along with his four brothers, namely Mohammad Amin (01 Kanal), Gulzar Ahmad (12 Marlas), Mohammad yousuf (12 Marlas) and Mohammad Saleem (11 Marlas) and Ghulam Nabi, applicant( 12 Marlas) claims to be the owners in possession of the said land comprising of 03 Kanals and 07 Marlas, covered under Survey No. 228 and 237 situated at, Harwan, Srinagar, purchased in the year 1973, on which petitioner has constructed residential house and is living therein from last 45 years.