SUNIT SINGH (LT COL ) (RETD ) Vs. FINANCIAL COMMISSIONER, J&K GOVT

JUDGEMENT

(1.) THIS writ petition challenging the orders passed by Respondents 1 to 2 respectively accepting the revision filed by respondents 3 to 7 against mutation No; 443 pertaining to land situated at Village Rakh Amb -Talli, Tehsil Samba. The Financial Commissioner, Respondent No;1, passed the order on August 4, 1984 in Revision No; 68 of 1984 on recommendations made by Respondent No; 2 Divisional Commissioner, Jammu by his order dated July 7, 1984 for setting aside, the mutation order passed by Naib -Tehsildar, Samba on January 15, 1966.

(2.) DURING the pungency of Civil First Misc, Appeal No; 31 of 1978 in this Court between the same parties, the orders impugned were passed and respondents brought on record the order passed by respondent No; 1 on August 4, 1984, in that ease in consequence whereof this petition has been filed.

(3.) IT is admitted case of the parties that the present petitioner were not party to the Revision petition, which was filed by respondents 3 to 7 before the Divisional Commissioner and finally disposed of by the Financial Commissioner under the impugned orders. There is no dispute about the pedigree filed with the petition and that the respondents claim devolution of property of the deceased Major Baldev Singh, who was admittedly a big landlord and died in 1956 after coming in to force of the J&K Big Landed Estates Abolition Act, 2007 (1950 A,D). Naib Topsider, Samba by his order dated January 15,1966 attested mutation No; 443 for 63 canals and 3 marlas ofun -cultivable land allegedly selected by the deceased Major Baldev Singh in Village Rakh AmbTalli Respondents 3 to 7 filed the revision against the said order of Naib Topsider after a lapse of over ten years on May 17, 1977 which was entertained by the Divisional Commissioner, Jammu and registered as Revision dated 26 -10 -1977. On the said revision, the learned Divisional Commissioner, Respondent No; 2. made the recommendations on July 7, 1984 to the Financial Commissioner that the revision petition be accepted and the case remanded to Assistant Commissioner (R) Jammu for further action under rules. The learned Financial Commissioner after hearing respondents 3 to 7 and the revenue attorney on behalf of the State by his order dated August 4, 1984 accepted the recommendation of respondent No; 2 and set aside the orders of Naib -Tehsildar passed on Mutation No; 443 on January 15, 1966 and remanded the case to Assistant Commissioner, Jammu for further action as required under law with a note of caution that he may also keep in View the provisions of the Agrarian Reforms Act of 1976. Aggrieved against the said orders, the petitioners, who were not parties to the said revision have filed this petition on the ground that the order setting aside the Mutation No; 443 effects the rights of the petitioners adversely and having been passed illegally and without jurisdiction are liable to be quashed