Jammu & Kashmir High Court - Srinagar Bench
Abdul Ahad Sheikh And Others vs J&K Special Tribunal And Others on 11 January, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 12
Supplementary Causelist
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 3491/2023
CM No. 8422/2023
Caveat No. 2481/2023
Abdul Ahad Sheikh and Others. ...Petitioner(s)
Through: Mr. Malik Mushtaq, Advocate.
Vs.
J&K Special Tribunal and Others. ...Respondent(s)
Through: Mr. Showkat Ali Khan, Advocate for R-11 to 14.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
11.01.2024
01. This litigation centers around a dispute with respect to land
measuring 5-kanals falling in survey no. 1074 min Mouza Kursoo Padshahi
Bagh, Srinagar. It is pleaded that the aforesaid land was actually owned by
one Ghulam Mustafa Rather and others, with whom, Ali Mohammad Sheikh,
the father of the petitioners and the respondents 4 & 5 and Mst. Mugli, the
mother of respondents 6 to 9 had entered into an agreement to purchase, for
which purpose the consideration amount was paid by him for the purpose of
getting which transaction through, it is the petitioners, as being the sons who
had taken the lead and instead managed mutation nos. 2714 and 2731 dated
10.02.1986 purportedly under sections 4 and 8 of the Agrarian Reforms Act,
1976 in their favor which were not reflective of true position of the property
status and this was reckoned by the daughters of Ali Mohammad Sheikh to be
a fraud on their rights as a result whereof an appeal on file no.
767/FC/AP/ARC came to be filed by them that includes the private
respondents herein, on 17th April, 2014 before the Financial Commissioner
(Revenue)/ Commissioner Agrarian Reforms, J&K.
02. This appeal was filed by respondents 3, 5 and Mst. Mugli, the
predecessor in interest of respondents no. 6 to 9 against the petitioners herein.
The Financial Commissioner (Revenue)/ Commissioner Agrarian Reforms,
J&K by virtue of an order dated 26th December, 2013 came to accept the
appeal by setting aside the two mutations dated 10.02.1986.
03. Against this appellate order of setting aside said the two mutations
attested in their favour, the petitioners herein came to prefer a revision
petition before the J&K Special Tribunal acting under section 21 of the
Agrarian Reforms Act, 1976, which too came to be dismissed by the J&K
Special Tribunal in terms of judgment dated 27th December, 2023, against
which the present writ petition is being addressed.
04. Thus against two concurrent adjudications of the authorities under
the Agrarian Reforms Act, 1976 the present writ petition is being maintained
under Article 226 of the Constitution of India.
05. Heard the learned counsel for the petitioners.
06. Prima facie case made out.
07. Issue notice.
08. Mr. Showkat Ali Khan, learned counsel accepts notice on behalf of
the respondents 11 to 14. Caveat stands discharged accordingly.
09. Objections be filed by or before the next date of hearing.
10. Notice to go to the respondents 3 to 9.
11. Petitioners to furnish registered postal covers within a period of
seven days whereupon the Registrar Judicial, Srinagar to issue notice to the
respondents 3 to 9.
12. Send for the record of file no. JKSTS/5123/2018 titled "Abdul
Ahad Sheikh & Others vs Mst. Shafiqa & Others" disposed of 27.12.2023 by
the Jammu and Kashmir Special Tribunal, Srinagar read with record of file
no. 767/YC/AP/ARC titled "Mst. Mugli & Others vs Abdul Ahad Sheikh &
Others" disposed of on 26th December, 2013 by the learned Financial
Commissioner (Revenue)/Commissioner Agrarian Reforms, J&K, Srinagar.
13. List again on 19th February, 2024.
14. In the meantime, the parties are directed to maintain status quo with
respect to the land in reference i.e. land measuring 5-kanals falling under
survey no. 1074 min Mouza Kursoo Padshahi Bagh, Srinagar.
15. This order is subject to objections from the other side and till the
next date of hearing.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
11.01.2024
"Hamid"
