GUL MOHD Vs. STATE OF J&K

JUDGEMENT

(1.) LAND measuring 5 kanals and 4 marlas comprised in survey No. 960 situated at village Humhama tehsil and district Badgam is subject matter of litigation between the parties.

(2.) THE land in reference was purchased by Salam S/o Mahda, predecessor -in -interest of respondents 4 to 10, and respondent Mst. Shaha from one of the writ petitioners namely Gulla S/o Mohammad Kuchay. The land was reflected in the Khasra Girdawari prior to 1st June 1986 in the cultivating possession of the above said purchasers. The writ petitioners appear to have challenged the correctness of this entry which showed the purchasers in the cultivating possession of the land in Kharief 1971. Without any notice and without affording an opportunity of being heard to the persons entered in possession in Kharief 1971, the Tehsildar Badgam purporting to act under Rule 4 of the J&K Agrarian Reforms Rules, 1976 (hereafter the Rules) attested mutation No. 1802 changing the entry in the Khasra Girdawari in favour of writ petitioners whereby they came to be entered in possession of the land in Kharief 1971. This mutation was followed by mutation No. 2576 dated 9 -8 -1990 which was attested under section 8 of the J&K Agrarian Reforms Act, 1976, hereinafter referred to as the Act.

(3.) AGGRIEVED by the orders of the attestation of these mutations, respondents 4 to 11 herein preferred an appeal before the Joint Agrarian Reforms Commissioner, Kashmir. The appeal was allowed vide the order dated 20 -1 -1992. The appellate authority set aside the mutations with the necessary fall out of restoring the entry in Khasra Girdawari in favour of the aforesaid respondents.