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2000 Supreme(J&K) 291

T.S.DOABIA
Bishno Devi – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Ashok Bhan
Advocate For Appellant: R.P. Jamwal
Advocate For Respondent: Amrish Kapoor

1. An order passed by the Financial Commissioner (Revenue) on 09-06-2000 is a subject matter of challenge in this petition. The facts in brief are as under:

2. That one Kanshu Ram was a land owner. He died in Feb. 1953. At that time, he left behind a widow Lakho, four sons and four daughters. The mutation regarding inheritance came to be made in Sept. 1961. This mutation was made in favour of all the heirs including the daughters. Later on, sons challenged this mutation before the Joint Settlement Commissioner. The said officer refused to interfere. This was on the ground of delay. The matter was taken up in the revision before Financial Commissioner (Revenue). The Financial Commissioner (Revenue) expressed an opinion that matter is required to be looked into afresh. It is this order which is the subject matter of challenge in this petition. What is urged is that;

i) that the mutation was made in the year 1961, if any party was aggrieved against this mutation then challenge could be made within the period of limitation as prescribed under the Land Revenue Act. The period of limitation is said to be maximum of 90 days,

ii) that the Financial Commissioner (Revenue) could not direct
























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