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(8) It seems unnecessary to give any further explanation in this respect here, but to avoid possibilities of future misunderstanding, it is pointed out that in working out the pro- rata share of Assamis at the time of partition the cultivated area and the culturable waste will alone be taken into consideration, while the areas of common use such as village grazing grounds, grave-yards, kuhls, village roads, etc., will be left out of account.

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(13) The Governor of Kashmir and the Wazirs of Anantnag, Baramulla and Muzaffarabad will be responsible to see that this work is completed in every details within a period of 5 months from today."

32. It thus becomes axiomatic from the aforesaid Rules that the Rules provided for conversion of Khalsa lands into Shamilat and setting aside such land equivalent in size to the total cultivated land in a village. Out of the said Shamilat, the holders of cultivated lands in a village would jointly own that part of the Shamilat mutated under Rule 5. This part of the Shamilat constituted partible Shamilat and would vest in the individual holders on pro rata basis proportional to their holdings. The rest of the Shamilat would be for common use of the villagers as village roads, tanks, shrines, burning ghats, burial grounds, village grazing fields etc. etc. This part of the Shamilat land would be mutated under Rule 4 and was not partible. It continued to vest in the State to be used for public purpose. Thus, the Shamilat land under Rule 5 and Rule 4 are not the same. In other words, whereas Shamilat land covered under Rule 5 represents that part of the Shamilat granted to a person proportionate to his holding in the Mahal on pro rata basis, Shamilat land covered under Rule 4 does not fall under that category - it continues to vest in the State and is not partible.

33. In the instant case, as per the minutes / decision of the Committee of high ranking Revenue Officers of Deputy Commissioners etc. held under the Chairmanship of Divisional Commissioner on 22.04.2010, on perusal of the relevant and original record, it was found that in terms of intikal No. 45 with respect to village Laripora Pahalgam of the year 1932-33 AD, an area of 2400 Kanals and 07 Marlas had been kept reserved as Shamilat 'Hasbi Rasad' (Pro rata). From the said area of 2400 Kanals 07 Marlas, an area of 373 Kanals 17 Marlas had been set apart as 'Nautor Jaiz', meaning thereby that these 373 Kanals and 17 Marlas of land had fallen jointly to the share of the villagers under Rule 5 and the rest, i.e., (2400 K, 07 M - 373 K, 17 M = 2026 K, 10 M) constituted Shamilat land under Rule 4 meant for common use for the purposes defined in Rule 4, which included grazing etc. Nautor on this land was called "Naujtor Najaiz" and there were specific directions that no Najaiz Nautor Kuninda should be allowed to remain in possession of such Nautor. Tehsildars and Naib Tehsildars were made personally responsible to see that the instructions are strictly enforced on the spot and that the orders are not recorded on paper only.