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2015 Supreme(J&K) 434

BANSI LAL BHAT
Ab. Gani – Appellant
Versus
Financial Commr. – Respondent


Advocates Appeared:
For the Appellants :Nissar Ahmad, Advocate

JUDGMENT :

Bansi Lal Bhat, J.

1. This writ petition is directed against the order dated 16.06.2011 passed by Respondent No. 2 read with judgment and order dated 22.10.2013 passed by respondent No. 1, in terms whereof the Financial Commissioner, Revenue, Jammu & Kashmir, Srinagar, has held that the mutation has been attested at a time when Shariat Act of 2007 v/as already in force and the Mutating Officer was bound to attest the mutation as per the Muslim Personal Law of inheritance, therefore, he accepted the reference of the Additional Commissioner, Kashmir, Srinagar. The mutation was set aside and the Tehsildar concerned was directed to pass fresh order strictly in accordance with the Muslim Personal law after conducting de novo enquiry and hearing all the concerned parties. The petitioners have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for issuance of a writ of certiorari for quashing the orders dated 16.06.2011 and 22.10.2013 passed by Respondents 1 & 2. They have also sought writ of mandamus directing the respondents not to change the Mutation No. 108 attested in favou






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