GUL MOHD Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) LAND measuring 5 kanals and 4 marlas comprised in survey No. 960 situated at village Humhama tehsil and district Badgam is subject matter
of litigation between the parties.
(2.) THE land in reference was purchased by Salam S/o Mahda, predecessor -in -interest of respondents 4 to 10, and respondent Mst. Shaha
from one of the writ petitioners namely Gulla S/o Mohammad Kuchay. The
land was reflected in the Khasra Girdawari prior to 1st June 1986 in the
cultivating possession of the above said purchasers. The writ petitioners
appear to have challenged the correctness of this entry which showed the
purchasers in the cultivating possession of the land in Kharief 1971.
Without any notice and without affording an opportunity of being heard to
the persons entered in possession in Kharief 1971, the Tehsildar Badgam
purporting to act under Rule 4 of the J&K Agrarian Reforms Rules, 1976
(hereafter the Rules) attested mutation No. 1802 changing the entry in
the Khasra Girdawari in favour of writ petitioners whereby they came to
be entered in possession of the land in Kharief 1971. This mutation was
followed by mutation No. 2576 dated 9 -8 -1990 which was attested under
section 8 of the J&K Agrarian Reforms Act, 1976, hereinafter referred to
as the Act.
(3.) AGGRIEVED by the orders of the attestation of these mutations, respondents 4 to 11 herein preferred an appeal before the Joint Agrarian
Reforms Commissioner, Kashmir. The appeal was allowed vide the order
dated 20 -1 -1992. The appellate authority set aside the mutations with the
necessary fall out of restoring the entry in Khasra Girdawari in favour
of the aforesaid respondents.
Not satisfied, the writ petitioners went up, through the ladder of revision, to the Jammu and Kashmir Special Tribunal to assail the
appellate forums order. The revision motion failed as the Tribunal
declined vide its order dated 27 -2 -1992 to interfere with the order of
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