ORDER

05.03.2024 (Oral)

01. The petitioners in the instant petition, filed under Article

226 of the Constitution, have implored for the following reliefs:-

“Issue of writ of certiorari quashing SRO 95 dated 19.03.1981 to the extent of land measuring 2 kanals 3 marlas under Khasra No. 172 old (new, after settlement Khasra No. 265) in Village Thikirian, Tehsil R. S. Pura, having been wrongly notified as Wakaf Property; and for appropriate writ, order or direction, to quash reports of Respondents No. 2 & 3 and order of Tehsildar Settlement dated 01.07.2003 along with endorsement made by Patwari in pursuance of the same in the Revenue record on

02.07.2003.”

02. The facts under the shade and cover of which the aforesaid reliefs have been prayed are that the respondent 6 herein, namely, Behari Lal being a refugee of 1947 had been allotted an evacuee land measuring 2 kanals 3 marlas covered under Survey No. 172 (old), 265 (new) situated at Village Thikirian, Tehsil R.S. Pura pursuant to Govt. Order No. 578/C of 1954 followed by attestation of Mutation No. 13 dated 29.02.2000 conferring occupancy rights on him pursuant to Section 3-A of the J&K Agrarian Reforms Act, 1976 (for short “the Act of 1