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2018 Supreme(J&K) 946

Gh. Mohammad Dar – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Amin Khan, Adv.
For the Respondents: M.A. Wani, adv

ORDER :

Mohammad Yaqoob Mir, J.

1. Petitioner seeks quashment of the order dated 25.04.2014, passed by the J & K Special Tribunal (revisional authority) under Agrarian Reforms Act (hereinafter referred to as the Act), in terms whereof order of the appellate authority dated 20.08.2008 as well as mutation orders passed under Section 4 and 8 of the Agrarian Reforms Act, in the year 1989 and 1992 respectively, have been set aside.

2. The dispute is regarding land measuring 16 marlas covered by Survey No. 1281 situated in Village Surasyar Tehsil Chadoora District Budgam, which land, according to the owner (respondent No. 3) was in his self cultivation before and after Kharif 1971 whereas petitioner claimed to be the tenant of the land, therefore, entitled to be conferred prospective ownership rights and then ownership rights under Section 4 and 8 of the Act.

3. Mutation under Section 4 of the Act in respect of the land in question bearing No. 1374 dated 19.07.1989 has been attested in favour of the petitioner on 19.07.1989. Thereafter, on deposit of levy, he has been conferred with ownership rights under Section 8 of the Act vide mutation No. 1407 dated 16.01.1992. Both the mutations have b

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