BASHIR AHMAD, ALI MOHD. SHARIF, MOHD. SHARIF S/O SH. GULAM MOHD., R/O GATTA, TEHSIL BHADERWAH Vs. JANA BEGUM, W/O GULAM QADIR, MUSHTAK AHMED , S/O GHULAM QADIR, R/O MOH. MASJID (ADDA), SHER DIN S/O GHULAM MOHD., MST. JANE BEGUM W/O GHULAM MOHD. R/O VILLAGE GATTA BHADERWAH
HIGH COURT OF JAMMU AND KASHMIR
Bashir Ahmad, Ali Mohd. Sharif, Mohd. Sharif S/O Sh. Gulam Mohd., R/O Gatta, Tehsil Bhaderwah
Jana Begum, W/O Gulam Qadir, Mushtak Ahmed , S/O Ghulam Qadir, R/O Moh. Masjid (Adda), Sher Din S/O Ghulam Mohd., Mst. Jane Begum W/O Ghulam Mohd. R/O Village Gatta Bhaderwah
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Y.P. Nargotra, J. -
(1.) This revision under section 21 of the Agrarian Reforms Act is directed against the order dated 03- 01-1998 passed by Commissioner Agrarian Reforms Doda.
(2.) The facts briefly stated are that Tehsildar Bhaderwah by his order dated 02-10-1985 attested mutation No. 963 allowing the respondents Ex owner to resume the land under section 7 of the Agrarain Reforms Act. The father of the petitioners the prospective owner filed an appeal against the said order of Resumption before the Joint Agrarain Reforms Commissioner Jammu who was then competent to hear appeals. However subsequently the powers of hearing appeals came to be conferred upon the Agrarain Reforms Commissioner Doda as such the appeal of the father of the petitioners was transferred to the Agrarain Reforms Commissioner Doda but the same got misplaced and as such could not be finally disposed of.
(3.) The father of the petitioners who was the appellant expired and the petitioners who are his legal heirs filed a fresh appeal before the Commissioner Agrarian Reforms Doda again questioning the legality of the same order of the Tehsildar passed on mutation No 963.
Ld. Commissioner Agrarain Reforms Doda dismissed the said fresh appeal of the petitioners as not maintainable. The petitioners came up before this Tribunal in revision however this Tribunal by its order dated 22-01-1999 accepted the revision and set aside the impugned order of Commissioner Agrarian dated 03-01 -1998 and also set aside the mutation No. 963 holding that the respondent ex-owners were not entitled to resume the land.;
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