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2006 Supreme(J&K) 246

BASHIR AHMAD KIRMANI
Syed Manzoor Ahmad – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: N.H. Shah
Advocate For Respondent: A. Andrabi

1. On 27.12.1988 the Settlement Tehsildar of Anantnag mutated 5 kanals of land situated in village Anchidoora/Azadpora under Survey No. 500/min in favour of petitioners father under section 4 of the Agrarian Reforms Act (for short the Act) vide mutation No. 1795 in favour of petitioners father which was followed by mutation No. 1961 of 3.5.1995 attested under section 8 of the Act vesting ownership rights of the land in him as cultivating tenant of the land. On 22.9.1999 the respondent No.5 claiming to be the owner in possession of aforesaid land filed an appeal against aforesaid mutation orders before Commissioner Agrarian Reforms who over set the both vide his order dated: 9.8.2000 with a direction for restoration of the position of the land as it existed in revenue records from 1971 up to the date of first mutation. This order was challenged by petitioners before J&K Special Tribunal through a revision petition on various factual and legal grounds, which was dismissed on 26.6.2003 by the Tribunal.

2. Aggrieved thereby the petitioners have instituted this writ petition for quashment of orders passed by Special Tribunal and Commissioner Agrarian Reforms as aforesaid, on the ground t











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