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2024 Supreme(JK) 261

HIGH COURT OF JAMMU AND KASHMIR
Moksha Khajuria Kazmi, J
MOHAMMAD ASHRAF RATHER – Appellant
Versus
STATE OF JK AND OTHERS (REVENUE DEPARTMENT) – Respondent


Advocates:
Mr. G. A. Lone, Advocate with Mr. Mujeeb Andrabi, Advocate; Mr. Nazim Khan, Advocate for 5; Mr. Bikramdeep Singh, Dy. AG for 1-4

JUDGMENT :

1. By this petition, the petitioner herein, has challenged the order passed by respondent No. 2, viz the Financial Commissioner (Revenue) J&K, Srinagar dated 28.01.2015, on the ground that the same has been passed against a dead person in exercise of the proceedings, devoid of jurisdiction.

Factual matrix

2. It is stated that last Settlement conducted for village Kralpora under the provisions of Land Revenue Act, was completed and duly published in the year 2008. In the Record of Rights prepared during the Settlement process, land measuring 02 Kanals and 01 Marla covered by old Survey No. 690 was assigned two new Survey Nos., 975 and 977. The father of the petitioner had constructed a residential house and a Cow Shed over the said land.

3. It is stated that the respondent No. 5, had filed an application before the subordinate revenue authorities claiming that a Khoul, locally known as “Wehen” viz a small stream, was passing through Survey No. 690 and the same has been deleted in the Record of Rights prepared in the year 2008, therefore, it was prayed that the Record of Rights be accordingly corrected. It is also stated that the Patwari concerned is said to have reported a “F

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