HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) PETITIONER , by the medium of this petition, lias sought quashment of the order dated 1st October, 1985 passed by Financial Commissioner, Jammu &
Kashmir State in a review petition whereby and whereunder order dated 8th
May, 1984 passed by it in the revision petition came to be reviewed and
order dated 12th May, 1983 of Divisional Commissioner and order of
mutation No.398 (succession mutation) passed by Naib Tehsildar, Srinagar,
came to be confirmed.
(2.) IT appears that one Gaffar Ganaie S/O Qadir Ganaie R/O Telbal, Srinagar, died leaving behind four daughters, namely, Mst. Zooni, Mst.
Jani, Mst. Ashmi and Mst. Khati. Mutation of succession came to be passed
in favour of Mst. Zooni being khana -nisheen daughter vide mutation
No.259. It appears that Mst. Zooni died issueless and mutation order
No.398 came to be passed by Naib Tehsildar in favour of Mohammad Ganaie
and Jamal Ganaie, sons of Sultan Ganaie excluding the sisters of Mst.
Zooni deceased - other daughters of Gaffar Ganaie. Petitioner and Mst.
Khati filed a revision petition against mutation No.398 of Village Talbal
before Divisional Commissioner on 19th June, 1988 after lapse of at least
27 years. The said revision petition came to be dismissed.
(3.) FEELING aggrieved of the said order Mst. Mali and Mst. Khati and Mohammad Sidiq son of Mst. Ashmi filed revision petition before
Financial Commissioner, Jammu & Kashmir State, Srinagar which came to be
allowed and the order of Divisional Commissioner and mutation No.398 came
to be set -aside and the matter came to be remanded to Tehsildar Srinagar,
for attesting the mutation afresh and parties were directed to appear
before Tehsildar, Srinagar on 22nd June, 1984. Respondents 4 and 5, sons
of Sultan Ganaie, filed a review petition before the Financial J&K State,
Srinagar which came to be allowed and thereby order dated 28th May, 1984
passed by Financial Commissioner came to be reviewed and orders of
Divisional Commissioner and mutation No.398 came to be upheld.
The grievance of the writ petitioner is that the whole estate of Mst. Zooni had devolved upon daughters, namely, Mst. Mali, Mst. Khati
and Mst. Ashmi of Gaffar Ganaie but the Naib Tehsildar, on the basis of
some alleged compromise before the civil court, passed a mutation order
No.398 dated 27lh May, 1950 which is against law. Naib Tehsildar had no
jurisdiction to attest such kind of mutation(s). The petitioner was not
party in civil suit in which compromise was arrived at as alleged. No
ground for reviewing the order dated 28th May, 1984 was available to the
respondents 4 and 5. Heard. Perused. Considered.;
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