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Judgment
Heard learned counsel for the parties.
A detailed order in regard to eviction of the petitioner from the khacharai land in his possession has been passed by this Court in OWP No.
239/2017 on 08.03.2017, whereby respondents have been directed ""to proceed in the matter in accordance with law for recovery of khacharai
land, subject to the right of the petitioner, who will be given an opportunity to place his claim before the authorities and establish his rights as per
law"". It has also been provided in the same order that notice shall be given to the respondent No. 4 herein, that is, Tariq Ahmad Malik and
respondent No. 5 therein, that is, Ghulam Rasool Malik. Petitioner has now again approached this Court with a prayer that, while dealing with the
matter, respondents should also accord consideration to his application, whereby he has offered his propriety land in exchange of khacharari land
in his possession. In support, he has produced a copy of letter dated 18.03.2017, whereby Tehsildar, Kawarhama, herein respondent No. 3, has
recommended his case to the Deputy Commissioner, Baramulla in this regard. Offering alternate land in such matters falls in the ambit of proviso to
section 133 (2) of the Land Revenue Act, 1996. It, therefore, goes without saying that, while proceedings in terms of section 133 of the Land
Revenue Act, 1996, the competent authority has to give effect to the proviso of the said section. It being so, this writ petition is disposed of by
providing that the competent authority, while proceedings in terms of section 133 of the Land Revenue Act in respect of the khacharai land already
possessed by the petitioner, shall also accord consideration to the offer of exchange of his proprietary land made by him strictly in accordance with
the provisions of law. Disposed of.