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2021 Supreme(J&K) 169

ALI MOHAMMAD MAGREY
Abdul Majeed Dar – Appellant
Versus
Union Territory of JK – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr M. Y. Lone, Advocate.
For the Respondent:Mr B. A. Dar, Mr Hakim Aman Ali, Mr Altaf Haqani, Senior Advocate with Mr Shaqir Haqani, Advocate

JUDGMENT :

1. Impugned in this Petition is Order dated 25th of June, 2020 issued by the Sub Divisional Magistrate, Chadoora/Respondent No.4 herein, in terms whereof mutation Nos. 110 and 111 have been set aside and land measuring 18 Marlas covered under Survey No. 1071 Min restored back as Kahcharie land and the land under Survey Nos. 745 and 334 provided in exchange restored back to the Petitioners.

2. The Petitioners claim to be the residents of Village Ranger, Budgam and, upon facing shortage of land for purpose of construction of residential houses, applied before the concerned revenue authorities for exchange of their proprietary land with Kahcharie land situated at Village Ranger. This application of the Petitioners, as stated, was accepted by the Respondents subject to exchange of double proprietary land from the Petitioners and, resultantly, the Petitioners were given 09 Marlas of Kahcharie land in exchange of 19 Marlas of their proprietary land falling under Survey Nos. 745 and 334. It is stated that accordingly the concerned authorities in the Revenue Department attested mutation Nos. 110 and 111 in the revenue records. However, the Sub-Divisional Magistrate, Chadoora/Respo

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