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2018 Supreme(J&K) 415

JANAK RAJ KOTWAL
Mohd. Aziz – Appellant
Versus
Divisional Commissioner, Jammu – Respondent


Advocates Appeared:
For the Petitioners: Mr. M.R. Qureshi.
For the Respondents: Mr. M.A. Bhat.

JUDGMENT :

On this petition coming up, Mr. M.A. Bhat, Advocate appears and waives notice on behalf of respondent Nos. 5 to 7.

2. In the appeal filed by respondent No. 5, Fazal Hussain, before the Deputy Commissioner (Collector), Poonch challenging mutation No. 73 dated 23.12.1976 in respect of land comprised in Survey No. 688 measuring 24 kanals 18 marlas, the Deputy Commissioner by his order dated 09.02.2000 as interim measures directed maintenance of status quo on spot. Petitioners’ father was one of the respondents in that appeal. Respondent No. 5, therein appellant, reported violation of the order dated 09.02.2000 due to construction of a shed on the subject land. The Additional Deputy Commissioner, Poonch by his communication dated 11.12.2013 (annexure-G) directed Tehsildar, Mendhar ‘to verify the facts on spot and demolish the shed, if constructed, in violation of Court order’. Petitioners’ father challenged this communication in revision petition before the Divisional Commissioner, Jammu. The Divisional Commissioner allowed the revision petition by his order dated 12.06.2014 and set aside the said communication. Respondent No. 5 challenged the order dated 12.06.2014 passed by













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