ZIA-UD-DIN Vs. STATE OF J&K
LAWS(J&K)-1986-7-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 03,1986

Zia -Ud -Din Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) A piece of land comprising Survey Nos. 235, 238, 457, 239 and 745 measuring 10 kanals and 10 marlas situated at village Gagloosa, Tehsil Kupwara was declared as Evacuee property under the provisions of the Evacuees (Administration of Property) Act, 2006 (hereinafter called the Act) belonging to one Bahau -ud -Din Shah, who has gone to Pakistan. The petitioners claimed themselves to be the cousin of the said Evacuee Bahaud -Din Shah. By this writ petition under Section 103 of the State Constitution, the petitioners have prayed for a writ of certiorari for the quashing of order passed by Revenue Minister -Respondent No. 2 in the present petition on October 5, 1981 and also for a writ of mandamus for the directions to respondents 1 to 5 for the implementation of order passed by Respondent No. 3 regarding the land in question, by which the same has been allotted in the name of the petitioners, Respondent No. 6 claims herself to be the wife of Evacuee Baha -ud -Din Shah, in whose favour the said land was allotted in pursuance of Government Order No. RA/611/50 dated 6 -5 -1950 being the nearest relation in possession of the land. On an application filed by the petitioners before Tehsildar (Assistant Custodian). Kupwara on the allegation that Respondent No. 6 intends to dispose of the Evacuee land and also sublet the same, the allotment be cancelled. The Tehsildar (Assistant Custodian,) Kupwara vide his order dated 19 -10 -1977 cancelled the allotment of Respondent No 6 and allotted the land in favour of the petitioners.
(2.) RESPONDENT No. 6 filed the revision against the said order before the Custodian General, who by his order dated 6 -3 -1978 forwarded the case to the Custodian Kashmir for disposal according to law, who on 27 -5 -1978 dismissed the revision in default. The Custodian on an application tiled by respondents on 29 -5 -78, by his order dated 19 -8 -1978 restored the revision. Against the said order, a revision was brought to the Custodian General assailing the restoration, The Custodian General by his order dated June 30, 1979 set aside the order of the Custodian allowing the revision petition of the petitioners and maintained the order passed by the Assistant Custodian on 19 -10 -1977. Respondent No. 6 where upon filed the revision under Section 30 -A of the Act before the Revenue Minister in -charge of the Evacuee property. Respondent No. 2 the Revenue Minister by his order dated October 5, 1981 allowed the revision, set aside the orders passed by the Custodian -General as well as by Tehsildar (Assistant Custodian). The petitioners being aggrieved by the order of the Revenue Minister -Respondent No. 2 have filed this writ petition before this court impleading the State of Jammu and Kashmir, Revenue Minister In -charge Evacuees Property, Custodian General, Custodian Kashmir, Assistant Custodian, Kupwara and Mst. Sara Bano as the party respondents praying for the relief as quoted above.
(3.) THE petition is contested by the respondents, who have filed their counter affidavits. At the time of hearing, learned counsel for the petitioners concentrated his arguments on the scope of Section 30 -A of the Act alleging that the Revenue Minister has no jurisdiction to entertain a revision against order passed by the Custodian General in exercise of the powers conferred on him under Section 30 of the Act as under sub -Section (6) a finality is attached to the orders passed by the Custodian General or the Custodian, as such the order is liable to be quashed. Elaborating his arguments, it has been pointed out that sub -section (6) of Section 30 of the Act categorically lays down as follows: "30 (6) Subject to the foregoing provisions of this section any order made by the Custodian General or the Custodian shall be final and shall not be called in question in any court by way of appeal or revision or in any original suit application or execution proceeding".;


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