MUHAMMAD ZULQARNAIN vs MUHAMMAD PERVAIZ KHAN Ss — 2022 YLR 1653 HIGH-COURT-AZAD-KASHMIR

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MUHAMMAD ZULQARNAIN VS MUHAMMAD PERVAIZ KHAN Ss. 2(v), 2(ix) & 3---Land Ghair Mumkin Charand---Village common purposes---Jamabandi, presumption of correctness---Petitioner contended that the private respondents never remained in possession of the said land; that order of the Member Board of Revenue was not speaking order; that one of the respondents being employee of the Revenue Department maneuvered the entries in the Khasra Girdawari but in Jamabandi the respondents were not entered as in continuous possession of the land; and that land demarcated for common purposes under Regularization and Grant of Khalsa Land Ordinance, 1974, could not be sanctioned in favour of any person---Member Board of Revenue reversed the order of the Additional Commissioner--- Validity--- Land in question was entered as Ghair Mumkin Charand (grazing land) in the Jamabandi which was used for village common purpose excluded from the definition of Khalsa Land---Such land could not be regularized under S.3 of the Ordinance, 1974---Member Board of Revenue did not deny the fact that the land in question would come within the category of Ghair Mumkin Charand (grazing land)---Member Board of Revenue reversed the findings of Additional Commissioner on the basis of entries in the Khasra Girdawaries despite the fact that presumption of truth would be attached with Jamabandi and not with Girdawaries---According to the report of Girdawar petitioners were in possession of the disputed land for the last 40 years in shape of houses/growing crops---Said report also revealed that private respondents managed to get entries of their possession in the Khasra Girdawaries which flagrantly negated by the entries in Jamabandi---Member Board of Revenue had failed to pass a well-reasoned/speaking order whereas the order passed by Additional Commissioner was a detailed/well-reasoned which entailed to be upheld---Writ petition was accepted accordingly.

MUHAMMAD ZULQARNAIN vs MUHAMMAD PERVAIZ KHAN Ss — 2022 YLR 1653 HIGH-COURT-AZAD-KASHMIR

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