Shamus-ud-Din Gojar vs Abdul Rashid Malik and Others

Syed Bashir-ud-Din. J.

This writ petition is directed against an order dated 30.6.2003 in file No. STS/1031/2003 passed by J&K Special Tribunal Srinagar allowing

the revision against the order passed by the Collector Agrarian Reforms, Shopian and Commissioner Agrarian Reforms, Pulwama dated

19.12.2002 and 30.6.2003 respectively. Heard counsel for the parties.

One Shams-ud-Din Gojar, writ petitioner filed an application on 2.6.1997 before Dy. Commissioner,Pulwama for spot inspection of the land in

dispute on allegation that non applicant, Abdul Rashid Malik is harassing him. The SDM Shopian after obtaining report from Tehsildar Shopian, on

report that said Abdul Rashid was in possession of about 3 kanals of land for last over 40 years, has found that the non/applicant Abdul Rashid

Malik is in unauthorized possession of the land, notwithstanding the possession of A.R. Malik is traceable to unregistered document executed

between the father of the petitioner and one Noor Mohd through whom non applicant is claiming land and asserting the possession. In Appeal,

Commissioner Agrarian Pulwama passed an order upholding this order of SDM.

The Tribunal has examined the factual matrix of the dispute raised as also the question of law. It is found by the Tribunal that what Shams-ud-

Din Gojar had prayed before the revenue authorities was just Nishandhi of his land and nothing further. The Collector Agrarian Reforms Shopian

and Commissioner Agrarian Reforms Pulwama have both laboured to make out a case for petitioner which he never preferred before these

authorities.

Admittedly, the possession of non-applicant/respondent is rooted and tacked to the unregistered document dated 20th Savan, 2009 Bk. And in

the document with regard to the possession of predecessor in interest of the respondent to the writ petition there is clear recital and admission on

the part of petitioner's father, predecessor in title and interest of the writ petitioner, that possession is and shall remain with the respondent. The

Tribunal was right in observing that u/s 90 of the Evidence Act, these documents can be used for collateral purposes and nature of possession can

be judged by the recital in conjunction with evidence on record. The petitioner's case falls outside the ambit of the Agrarian Reforms Act, in so far

as respondent is in permissible possession and not a trespasser, as observed by the Tribunal. Seen thus, the order of the Tribunal of upsetting the

impugned orders dated 1.5.2001 and 19.12.2002 of Collector Agrarian Reforms Shopian and Commissioner Agrarian Reforms Pulwama

respectively, cannot be said to be outside the para meters of law. After all finding on the possession has been arrived at. If Writ petitioner has

grievance as to title of the property, he has his remedies elsewhere and can seek the redressal, if so advised , before proper forum.

In the aforesaid view of the matter, the writ petition is dismissed in limini.