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WASIM SADIQ NARGAL
Irfan Ahmad Tramboo – Appellant
Versus
Financial Commissioner (Revenue) – Respondent
ORDER :
1. The petitioners through the medium of the present writ petition has sought quashment of the order dated 23.06.2023 passed by the Financial Commissioner (Revenue) and also order dated 19.06.2019 passed by the court of Additional Deputy Commissioner, Anantnag, in appeal by invoking powers under Articles 226 and 227of the Constitution of India, besides, seeking a direction against the respondents not to interfere in the peaceful possession and occupation of the petitioners qua the land falling under survey No.41 situated at Laripora Pahalgam, Anantnag.
2. The subject of the dispute in the present litigation is the land measuring 3K 7M and 3 Sirsai covered under khasra No.41 of estate Laripora Tehsil Pahalgam, which through mutation No.2282 dated 25.01.2016 has been mutated in the name of petitioners on the basis of a registered sale deed. The said mutation came to be challenged by the respondents before the Addl. Deputy Commissioner, Anantnag who vide order dated 19.06.2019 set aside the same by holding it violative of the provisions of the Agrarian Reforms Act, and also that the respondents having deceived the said court and managed to get the land in favour of Mushtaq Ahm
The power under Article 227 should be exercised sparingly and only in cases of grave dereliction of duty or miscarriage of justice.
The court's decision emphasized the importance of upholding orders based on reports submitted by relevant authorities and the limited scope of interference under Article 227 of the Constitution of In....
The High Court under Article 227 should exercise supervisory powers cautiously, not substituting lower court decisions unless grave injustice is demonstrated.
The High Court's supervisory jurisdiction under Article 227 is exercised sparingly, primarily to prevent miscarriage of justice.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
Jurisdiction of Court - Only wrong decision may not be a ground for exercise of jurisdiction under this article unless wrong is referable to grave dereliction of duty, flagrant abuse of power by subo....
The jurisdiction of the High Court under Article 227 is one of superintendence, limited to ensuring lower courts act within their authority, and it cannot be exercised as an appellate power to re-app....
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