ASGHAR HUSSAIN Vs. DISTRICT & SESSIONS JUDGE KARGIL

JUDGEMENT

(1.) The petitioners are aggrieved of and have called in question in question order dtd. 25/8/2022 passed by Principal District Judge, Kargil, in file No.06/A tilted "Villagers of Saliskote vs. Deputy Commissioner (Collector), LAHDC, Kargil, whereby revenue appeal pending before him has been sent to Divisional Commissioner, Ladakh, for further proceedings.

(2.) From reading of the impugned order, it transpires that the petitioners herein had filed an appeal in terms of Sec. 11 of the Land Revenue Act, Samvat, 1996 ["the Act"], before Principal District Judge, Kargil, exercising powers of Divisional Commissioner, Kargil, conferred upon him vide SRO 1 of 1981 issued by the Government in the exercise of powers conferred by sub-Sec. (4) and (5) of Sec. (6) of the Act. SRO 1 of 1981 stands withdrawn vide S.O. 91 of 2022 dtd. 8/8/2022, thereby withdrawing the powers of Divisional Commissioner conferred upon District and Sessions Judges of Leh and Kargil within their respective territorial jurisdictions.

(3.) The impugned order is assailed by the petitioners, primarily, on the ground that S.O. 91 of 2022 dtd. 8/8/2022, whereby SRO 1 of 1981 dtd. 1/1/1981 has been withdrawn, is prospective in operation and, therefore, Principal District Judge, Kargil, continues to have the powers of the Divisional Commissioner in respect of the cases entertained and pending before it prior to the issuance of S.O.91 of 2022. It is, thus, argued that the Principal District Judge, Kargil, had no authority or power to transfer the pending cases including appeal of the petitioners to the Divisional Commissioner, Ladakh.