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2009 Supreme(J&K) 638

Ab.Rashid Bhat
Mohd. Ismail Padder – Appellant
Versus
Ab. Salam Padder – Respondent


Advocates Appeared:
Nemo.

1. The instant revision petition has been filed against the order passed on 28-04-2008 by the court of Additional Deputy Commissioner, Anantnag with the powers of Commissioner Agrarian Reforms in file No. 135-ADC/R titled Muhammad Ismail Padder Vs. Abdul Salam Padder and another.

2. Briefly put, the circumstances giving rise to the present revision petition are that after the mutation Nos. 2026, 2116, 2470, 2478 and 2591 were attested by Tehsildar Dooru, the same were challenged by Abdul Salam Padder (the respondent No. 1 in the present Revision petition) by way of an appeal before the Commissioner Agrarian Reforms, Anantnag on 20-01-2001. The Ld. Commissioner while disposing of the appeal vide his order dated 16-06-2005 set aside the mutations attested by Tehsildar Dooru and simultaneously ordered for de novo inquiry by Tehsildar concerned. The operative part of the said order reads as under:-

"The appeals are accepted and the impugned mutations are set aside. The matter is remanded to Tehsildar concerned for denovo inquiry on spot in presence of parties and to attest fresh mutations in view of the partition made by the parties".

3. This order made by the Ld. Commissioner was not cha
















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