VIJAY MANCHANDA Vs. STATE

JUDGEMENT

(1.) The petitioners who claim to be the grandsons of Kahan Chand applied to the Dy. Commissioner, Srinagar for the grant of certificate of being permanent residents of the State as they happened to be the State subjects under law. On their application being dismissed by the Dy. Commissioner, the petitioners preferred a revision petition before the Dy. Chief Minister/Revenue Minister of the State of J and K, who vide his order annexure A held that the petitioners were entitled to the status of permanent residents of the State and set aside the order of Dy. Commissioner. Aggrieved by the order of Dy. Chief Minister, the respondent-State presented a petition before the Revenue Minister for the review of his judgment who vide his order dt. 8th Aug. 1978 dismissed the same by upholding the order of giving State subject status to the petitioners. As the respondents did not act upon the judgment of the competent authority, this petition has been filed with the prayer to issue an appropriate direction directing the respondents to grant permanent residents certificate to the petitioners in pursuance and in accordance with the orders of the Dy. Chief Minister/Revenue Minister dt. 18-10-1977 and 8-8-1978. It is further submitted that the petitioners filed writ petition No. 377/82 which was withdrawn on 26th Oct. 1984 upon the assurance of the learned Advocate General to consider the prayer of the petitioners regarding issue of State subject certificate within a period of two months.

(2.) In the counter-affidavit filed on behalf of the respondents it is admitted that the petitioners had applied for the grant of permanent residence certificate in their favour which was rejected by the Dy. Commissioner vide his order dt. 25th July, 1977 against which a revision was filed before the then Dy-Chief Minister who was also the Revenue Minister and the same was accepted by setting aside the order of respondent No. 3, the Dy. Commissioner. Aggrieved by the aforesaid order, a review petition was moved by the State which was also dismissed by the Revenue Minister vide his order dated 8-8-1978. It is submitted that thereafter a reference was made by the Divisional Commissioner to the Government in terms of the provisions of Sec.6 of the Jammu and Kashmir Grant of Permanent Resident Certificate (Procedure) Act, 1963, as the matter involved a substantial question of law and public interest. It is alleged that the Government was still seized of the matter and its decision as to whether the order of the then Dy. Chief Minister should be rescinded or not, is under active consideration of the State. It is disputed that the Dy. Chief Minister/Revenue Minister was competent to pass the order relied upon by the petitioner.

(3.) I have heard the learned counsel for the petitioner and perused the record.