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2023 Supreme(J&K) 438

RAJNESH OSWAL
Bashir Ahmad Rather – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr G. A. Lone, Advocate
For the Respondent:Mr. Rizwan-u-Zaman Bhat, Advocate

JUDGMENT :

1. The petitioners and their predecessor-in-interest were the tenants of the respondent Nos. 6 and 7 qua the land measuring 48 Kanals and 10 Marlas comprising Survey Nos. 80, 25, 28, 29, 30 and 41 situated at Moomin Hall, Tehsil and District Anantnag. The mutation under Section 4 was attested in favour of the State and the petitioners were declared as the prospective owners vide mutation No. 279. The owners of the land, through their attorney, filed an application under Section 7 of the Agrarian Reforms Act for resumption of the land and mutation No. 327 dated 27th of July, 1985 of village Moomin Hall, sanctioning the resumption of half of the land above-mentioned was attested in favour of respondent Nos. 6 and 7. The petitioners, being aggrieved of the attestation of said mutation, assailed the said mutation before the Joint Commissioner, Agrarian Reforms, Kashmir. The petitioners further claim that while the said appeal was pending, the attorney holder of the respondent Nos. 6 and 7 approached the petitioners for negotiating settlement of the dispute and the negotiations continued for about a year and ultimately, the petitioners and respondent Nos. 6 and 7, through thei

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