GANI DAR Vs. STATE OF J AND K
LAWS(J&K)-1999-6-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 04,1999

GANI DAR Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

N.A.Kakru, J. - (1.) This writ petition owes its origin to an application filed by respondent No 5 before the Tehsildar Pulwama for recovery of rent (Lagan) in respect of land in question. Consequent upon such proceedings initiated by the Tehsildar the petitioner herein appeared before the Tehsildar and the rent was admitted to be outstanding. This stand of the petitioners narrowed down the controversy and an undertaking came to be filed by the petitioners before the Tehsildar (undertaking called Muchlaka in common parlance) and on the basis of undertaking so filed the proceedings culminated in a direction to the petitioners to pay the rent.
(2.) The petitioners appeared to have entertained second thought and changed their stand with the sole object to deny the rent to respondent No. 5 and to succeed in the aimed at goal, they took recourse to an appeal before the Settlement Officer, which was dismissed. Jurisdiction of the Joint Agrarian Commissioner was invoked. Having failed there also a revision petition was filed before the Jammu & Kashmir Special Tribunal Srinagar and the Tribunal after dwelling upon the issues, factual as also legal dismissed the revision petition and this order is impugned through the medium of this writ petition.
(3.) With a view to appreciate the controversy in its right perspective it is relevant to notice that the petitioners have challenged the basic order of recovery on the ground that the land in question is Khalisa Sarkar and the State being proprietor, direction for rent is without jurisdiction and the Muchalka having been obtained in contravention to the procedure cannot be executed and orders of the courts below are violative of law.;


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