GANI WAR Vs. STATE OF J AND K
LAWS(J&K)-2006-12-8
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 08,2006

Gani War Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

MANSOOR AHMAD MIR, J. - (1.) BY this writ petition, petitioners have invoked writ jurisdiction of this court for quashing the orders dated 11 -8 -1987 passed by respondent No. 2 - - J&K; Special Tribunal in Revision Petition No. 479 of 1987 titled Gani War v. Ahad Mir and the order dated 19 -08 -1983 passed by Jt. Agrarian Reforms Commissioner Srinagar in file No. 143 of 1982 -83 and order dated 20 -07 -1982 passed by Collector Agrarian Reforms, Sopore, in file No. 77/SDM and also for commanding the respondents not to eject them from the suit property on the; grounds taken in the writ petition.
(2.) IT appears that Ahad Mir, respondent No. 5 filed an application against the petitioners herein for ejectment on 26 -12 -1967before Deputy Commissioner, Baramulla, who transferred/ assigned the same to Assistant Commissioner, Baramulla. Parties contested the said application and ultimately, Assistant Commissioner, granted the said application vide order dated 4 -5 -1971. Feeling aggrieved of the said order dated 4 -5 -1971, the petitioners herein filed an appeal before Divisional Commissioner, Kashmir. The said appeal remained on the dockets of Divisional Commissioner, Kashmir, till 6 -9 -1978. In the meanwhile, J&K; Agrarian Reforms Act, came into force and accordingly vide order dated 6 -9 -1978, the Divisional Commissioner, Kashmir held that the appeal along with impugned order had abated. Before proceeding further, it is necessary to notice on what grounds Ahad Mir had sought ejectment of the petitioners i.e. Gani War S/O Ramzan War and Gani Dar S/O Gaffar Dar R/O Nowpora Kalan, tehsil Sopore. It appears that Ahad Mir, respondent No. 4 had sought ejectment of petitioners herein on the ground that they were not protected tenants but were tenants at will - - they were not good tenants because had not paid the rent - - share of produce and had accordingly sought remedy in terms of Section 46 read with Section 47(1)(b) and 48 of the Tenancy Act. During pendency of the lis, Gaffar Dar died and his legal heir filed this writ petition along with one Gani War. During pendency of the writ petition, Ahad Dar, respondent No. 4 died and his legal representatives came to be brought on record vide order dated 17 -4 -2002.
(3.) IT seems that after Divisional Commissioner passed the order dated 6 -9 -1978, the record was sent back to Assistant Commissioner Baramulla and on 30 -9 -1978, following order came to be recorded by Assistant Commissioner, Baramulla:;


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