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2007 Supreme(J&K) 157

AFTAB ALAM, HAKIM IMTIYAZ HUSSAIN
Syed Manzoor Ahmad – Appellant
Versus
Special Tribunal, J&K – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: Arshad A. Andrabi

1. This Letters Patent Appeal is directed against the judgment dated 3.11.2006 passed by the learned Single Judge whereby he dismissed OWP No.332 of 2003 titled Syed Manzoor Ahmad & anr. v. J&K Special Tribunal, Srinagar & ors. 2007 (1) JKJ HC-518, filed by the present appellants.

2. The dispute between the parties (present appellants and respondent: 5) is on a piece of agricultural land measuring 5 kanals under survey No. 560/Min situate at Azadpore, Tehsil and District Anantnag. The land belonged to one Abdullah Khan on whose death it was mutated in the name of his `khana-nashin daughter-respondent: 5 as owner in `personal cultivation of the land.

3. In the year 1988, Tehsildar Settlement, Anantnag on a report of patwari halqa concerned directed change in the entries in a public meeting held in the village on 27.12.1988. On the said date the Tehsildar started proceedings under Section 4 of the Jammu and Kashmir Agrarian Reforms Act, 1976 (for short the Act) and on completion thereof mutated the land in favour of the appellants under Section 8 of the Act vide order dated 3.5.1993. All these proceedings, were conducted in absence of the respondent without even a notice to her.

4. Resp


















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