This petition is founded on the historical events of land reforms that followed the first ever land settlement in the State of Jammu and Kashmir in general and the Valley of Kashmir in particular. The petitioners claim ownership and peaceful possession of just 1 Kanal and 1 Marla of land, duly fenced, comprised in Khasra nos.1594 and 1595 situated in Estate Narsinghar, Tehsil Shehr Khas at Rambagh Bala, Srinagar, having inherited the same from their ancestors, and their claim is founded on the aforesaid historical facts and events. They have prayed for, inter alia, a mandamus, declaring that they have a right to enjoy ownership and peaceful possession of the land, and that the respondents cannot dispossess them from the said land without acquiring the same and paying them compensation in accordance with law.

2. Petitioners” case is that at the time of the first ever land settlement conducted in Shehr Khas, Srinagar, around the year 1891 AD, during the rule of late Maharaja of the State, under the supervision of Sir Walter R. Lawrence, their ancestors, namely, Abdul Aziz Khan and his co-sharers (for brevity hereinafter referred to as the petitioners” ancestor) were in self cultivating joint possession of Khalsa land measuring 1 Kanal and 12 Marlas comprised in Khasra no.1594 Khewat no.40/113 situated in Mouza Narsinghar, Tehsil Khas. Pursuant to the land settlement, the petitioners” ancestor was issued a document, named “Parcha Kitab” under the seal and signature of the competent authority, namely, Lachhan Dass. According to the petitioners, the “Parcha Kitab’ was the only valid revenue document issued at that time to establish the right of a holder of land declared ïn terms of the Parcha Kitab as “Assami”, which contained entries regarding the name of the “Assami” with all relevant and necessary details of the land in his possession together with his share therein and the land revenue charged thereon. The fact that the “Parcha Kitab” was the only valid revenue document issued at that time to establish the right of a holder of land is borne out by the instructions prepared by the Commissioner Settlement, Mr. W. R. Lawrence, CIE, and issued in Urdu in terms of Council Resolution no.17 dated 22.06.1895 AD, to be followed by Tehsildars and the subordinate staff of the Revenue Department. Under the heading “Maliyaat Arazi wa Parcha Kitab” of the aforesaid instructions, it was, inter alia, mentioned that the “Parcha Kitab” was very important for an “Assami” because the entries made therein established his right of “Assami”. The term “Assami” meant holder of cultivable land, who had come in possession of the land through lawful means and was recognized by the State as the lawful occupant of land in Kashmir. Photocopies of the “Parcha Kitab” and the aforesaid instructions issued under the Council Resolution dated 22.06.1895 AD have been placed on record of this petition as its annexures.

3. According to the petitioners, thereafter, in the year 1933 AD, the late Maharaja, i.e., the Ruler of the State, granted proprietary rights to Assamis in Kashmir Province in respect of the lands held by them under their possession without recovery of any nazrana. In this connection, the Maharaja issued an order dated 08.07.1933 which has been quoted in para 7 of the writ petition. According to the petitioners, their grandfather, Abdul Aziz Khan, who had been declared as Assami alongwith his co-sharers, was thus conferred proprietorship / ownership of the aforesaid land to the extent of his share therein, namely half of 1 Kanal, 12 Marlas of the land, i.e., 16 Marlas, comprised in Khasra no.1594.

4. It is the further case of the petitioners that some more adjoining land had come under the possession and cultivation of their ancestor in as much as ultimately land measuring 1 Kanal and 1 Marla comprised in Khasra nos. 1594 and 1595 to the extent of 11 Marlas comprised in Khasra no.1594 and 10 Marlas in Khasra no.1595 situated in Estate Narsing