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2015 Supreme(J&K) 698

SONALI KUMAR
Ropu – Appellant
Versus
Som Nath – Respondent


Advocates Appeared:
For the Appellant : Mr. O.P. Thakur.
For the Respondent: Mr. M.L. Bhat.

JUDGMENT :

Sonali Kumar, IAS (Chairperson)

1. This revision is directed against an order dated 14.05.1993 whereby an appeal filed by petitioner against Mutation No. 160, has been dismissed.

2. The brief facts of the case are that then Circle Officer corrected girdawari entries in favour of petitioner and Santokhu and Ashwani which was challenged by Beli Ram before then Deputy Commissioner Udhampur which were transferred to Commissioner Agrarian Reforms after coming into force of J&K Agrarian Reforms Act, 1976. The Commissioner Agrarian Reforms after adjudication upon the appeal accepted the same quashed the entries made by Circle Officer and directed Tehsildar Udhampur to hold the factual enquiry into the entry made by the Circle Officer in terms of Rule 4 of the Agrarian Reforms Rules, 1977. The Tehsildar held the enquiry as per the orders of Commissioner and ultimately held that Som Nath was in cultivating possession of the suit land being an owner and not Ropu and others and held them not entitled for benefits of Agrarian Reforms Act. This order of the Commissioner was challenged by petitioner before the Commissioner who dismissed the same vide impugned order. Aggrieved of the impu








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