LAWS(J&K)-1959-7-2

NAND LAL Vs. STATE

Decided On July 10, 1959
NAND LAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is a petition for a writ of cer -tiorari or Mandamus and also for any other writ, direction or order that may be deemed proper by the Court.

(2.) THE main allegation of the petitioners is that they had filed a revision to the Revenue Commissioner at Jammu against the order passed in appeal by the Collector at Jammu confirming the orders of the Tehsildar at Samba in relation to the declaration and mutation of Khasra No. 201 situated in Kalah Swankah Tehsil Samba as Kahcharai and of Khasra No. 175 as Khalsa Sarkar. On 22 -5 -1958 the Hevenue Commissioner passed an order for stay as prayed for by the petitioners pending the final disposal of the revision before him.

(3.) THE respondents who are the State of Jammu and Kashmir and the Revenue Commissioner, Jammu oppose the application on grounds based on facts as well as law. They point out that the petition is totally misconceived, that the facts alleged therein are erroneous, that true facts have not been stated by the petitioners, and that the petitioners are not entitled to any relief whatever. In view of the conflicting statements of the parties regarding facts, it is necessary to notice the material facts as borne out by the records.