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2017 Supreme(J&K) 500

TASHI RABSTAN
Mohan Singh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.S Salathia, Sr. Advocate with Mr. Sachin Dogra, Advocate.
For the Respondents:Mr. Ehsan Mirza, Dy.AG., Mr. Adarsh Sharma, Advocate.

JUDGMENT :

1. Challenge thrown to order impugned dated 14.06.2016 in the present petition is that it has been passed by respondent No.3, i.e. Deputy Commissioner, Jammu, against the principle of natural justice by not providing opportunity of being heard to the petitioner and an exparte order by virtue of which mutation No.1303 attested under Government Order LB-6/C of 1958 and Government Order S-432 qua land measuring 31 Kanals and 10 Marlas falling under Khasra No.1297 has been cancelled, therefore, according to petitioner the order impugned is liable to be quashed.

2. Per contra, Mr. Ehsan Mirza, learned Dy.AG and Mr. Adarsh Sharma, learned counsel appearing for the respondents, vehemently argued that instant petition is not maintainable in view of alternative remedy available to the petitioner.

3. I have gone through the contents of the petition, heard learned counsel for the parties minutely and perused the order impugned which reveals that it has been passed without affording opportunity of being heard to the petitioner.

4. Identical issue has already been dealt by a coordinate Bench of this Court in case “Nissar Ah. Ganai Vs. State and Ors.”, reported as 2007 (1) JKJ 114, paragr




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