HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) PETITIONERS have challenged order dated 6 -7 -1994 passed by Financial Commissioner, J&K Government, (respondent no. 1), whereby order passed by
Director Land Records with powers of Divisional Commissioner, Kashmir,
came to be up -held. In order to appreciate the matter in its right
perspective, narration of the brief facts of the case is necessary.
(2.) MALLA Rahman, the estate holder R/O Watlar Ganderbal, died leaving behind sons Samad, Subhan and Shaban. His legacy was mutated by
the revenue agencies in favour of Samad, Shaban and Subhan in equal
shares. Shaban died leaving behind Mst. Khurshi widow and Qadir, son.
Subhan also died leaving behind Habib (son). Samad also died leaving
behind Mst. Mali and Mst. Zeba as Khananishin daughters.
(3.) IT appears that Habib had contracted marriage with Mst. Khurshi D/O Shaban. Habib died issueless leaving behind Mst. Khurshi, widow. At
that point of time, Shaban and Samad were alive as alleged. The legacy of
Habib came to be mutated in favour of widow Khurshi. Said fact was not
challenged either by Samad or by Shaban. There -after Mst. Khurshi also
died and her property came to be mutated in favour of Qadir S/O Shaban
vide mutation No. 278 dated 15 -8 -1958. This mutation was set aside by the
respondent no. 1 vide order dated 7 -12 -1977 with the direction to
Tehsildar, Ganderbal to hold enquiry. Accordingly Tehsildar conducted
enquiry and passed order dated 2 -2 -1979 which came to be assailed before
Deputy Commissioner, Srinagar, who transferred the same to Assistant
Commissioner, Srinagar who set aside the impugned dated 2 -2 -1979 and
directed the mutation to be effected in favour of heirs of Maalla Shaban
and Malla Samad in equal shares, so far it related to the property left
by Malla Habib as per annexure -P/3.
Feeling aggrieved by the said order, parties preferred appeals before Director Land Records - - Divisional Commissioner. It appears that
the present petitioners had also filed appeal while as one Ramzan, Subhan
and Khazir sons of Malla Qadir had also filed another appeal against the
order dated 2 -7 -1979. The Divisional Commissioner decided both the
appeals holding that mutations could not be affected in favour of the
petitioners and accordingly set aside the orders impugned in the appeal
and directed that the entire estate of Khurshi widow of Shaban be mutated
in favour of heirs of Qadir, viz. respondents 3 to 6. Aggrieved by the
said order, petitioners preferred revision petition before Financial
Commissioner, which came to be dismissed and upholding the order of
Director Land Records with powers of Divisional Commissioner. Feeling
aggrieved by the order of Director Land Records with powers of Divisional
Commissioner, petitioners filed revision petition before the respondent
no. 1 which came to be dismissed and the order of Director Land Records
with powers of Divisional Commissioner, came to be up -held.;
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