KHALIL RATHER Vs. FINANCIAL COMMISSIONER
LAWS(J&K)-2006-3-35
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 03,2006

Khalil Rather Appellant
VERSUS
FINANCIAL COMMISSIONER Respondents

JUDGEMENT

- (1.) THE petitioners have invoked the writ jurisdiction of this Court for issuing writ of certiorari for quashing, orders dated 20.08.1997 and 14.05.1993 passed by respondent No.1 in revision petition and review petitioner titled Khlil Rather Vs. Mushtaq Ahmad Bhat and others and, order dated 05.01.1986 passed by respondent No. 2 in appeal titled Khalil Rather and anr. Vs. Gh. Mohd. Bhat and, order dated 24th April, 1985 passed by respondent No.3 in a suit for rendition of accounts under Section 85 of the Jammu & Kashmir Tenancy Act, hereinafter, for short "the Act", in case titled Gh. Mohammad Rather Vs. Rama Rather and anr., and also for issuance of writ of mandamus commanding respondent No.4 to decide the matter in terms of Sections 4 and 8 of Jammu & Kashmir Agrarian Reforms Act. Factual background: -
(2.) IT appears that one Ghulam Mohammad Bhat and father of respondents 5 and 6 and husband of respondent No.7 filed a suit for rendition of accounts in the court of District Collector, Anantnag, under Section 85 of the Act. District Collector, Anantnag, passed an exparte preliminary decree in the suit and appointed Naib Tehsildar, Shopian, as Commissioner for taking the accounts. The exparte decree came to be set -aside on the application of petitioner No.1 and father of petitioner No.2 vide order dated 20th December, 1975. The suit came to be transferred to the Court of Assistant Commissioner (Collector), Shopian. Assistant Commissioner (Collector), Shopian, directed Tehsildar Shopian, to conduct proceedings in the matter in terms of Section 9 of the Jammu & Kashmir Agrarian Reforms Act.
(3.) FEELING aggrieved of the said order, petitioner No.1 and father of petitioner No.2 filed an appeal before Additional commissioner, Kashmir, which came to be dismissed vide order dated 5th November, 1986. Revision petition came to be filed by petitioners before Financial Commissioner, Kashmir, which came to be dismissed vide order dated 14th May, 1993. Thereafter, petitioners filed a review petition before the same court which came to be dismissed vide order dated 20th August, 1997. Petitioners have sought indulgence of this Court for quashing of the orders on the grounds taken in the writ petition.;


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