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Judgment
Mansoor Ahmad Mir, J.—By the medium of this writ petition, petitioner has questioned the orders dated 1st May 2001 passed by Tehsildar
Sonawari-respondent No. 5, 22nd of September, 2001 passed by Collector, Deputy Commissioner, Baramulla, 25th of July, 2002 passed by
Divisional Commissioner, Kashmir-respondent No. 3, 13th of August, 2003 passed by Financial Commissioner-respondent No. 2 and order
dated 19th of May, 2004 passed Financial Commissioner-respondent No. 2, on the grounds taken in the writ petition.
It is averred in the writ petition that petitioner is in possession of Shamilat land measuring 12 marlas falling under survey No. 714 and prior to
that it was in possession of his ancestors and it has fallen to his share as Hasbi Rasad (sic). Further, it is averred that the respondents have passed
orders illegally and the land forming subject matter of the writ petition is not a grazing land.
Respondents have resisted the writ petition by filing reply. Following questions of fact are involved in this writ petition.
Whether land in question is Shamilat Jaaiz or prohibited shamilat?
Whether the petitioner is in possession?
Whether the petitioners have any right to remain in possession?
In the given circumstances, these questions cannot be gone into by writ court. However, the petitioner can seek appropriate remedy in order to
assail the impugned orders including imposition of fine before the appropriate forum.
In view of the facts, this writ petition is not maintainable and, as such, is dismissed along with all connected CMPs. However, the dismissal of
the writ petition shall not come in the way of petitioner to seek appropriate remedy from the appropriate forum and the period from the institution
of this writ petition till today is to be excluded while computing the period of limitation.
With these observations the writ petition is dismissed along with all connected CMPs. Interim direction, if any, shall stand vacated.