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2018 Supreme(J&K) 1032

Gh. Qadir Rather – Appellant
Versus
Financial Commissioner Revenue – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Nazim Khan, Advocate
For the Respondent:M.A. Qayoom, Advocate

JUDGMENT :

M.K. Hanjura, J.

1. In this petition, filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of the State of Jammu and Kashmir, the petitioners crave the indulgence of this Court in quashing the order dated 31.12.2014, passed by the Ld. Financial Commissioner (Revenue), in a revision petition bearing file No. 335/FC-AP. The petitioners also implore for the grant of a writ of mandamus commanding the respondents not to disturb their possession in respect of the land that forms the subject matter of the petition on the grounds, inter alia, that the respondent No. 2 herein (the petitioner before the Ld. Financial Commissioner) has abused the process of law with ulterior motives. The judgment passed by the learned Financial Commissioner is illegal. The Shariat Act of 2007 does not apply to the case in hand where the mutations have been attested before a period of more than five decades, and that if such an interpretation is allowed to be given to the Act, thousands of mutations attested under the Customary Law will have to be set asid

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