Admitted. A Revision petition, copy whereof is Annexure D with the petition has been filed before the Joint Settlement Commissioner, Jammu. The heading of the petition reads as "Revision against the order dt. 20-08-2001 passed by Tehsildar Samba by which mutation No. 550 has been attested in favour of respondent, for setting aside the same with regard to Khasra No. 216 situate at village Gadwal Teh. Samba". 2. Vide mutation No. 550, the earlier entry which was in favour of Nanak Chand and Dewan Chand as the persons in cultivating possession stands altered and exclusive possession stands conferred on Dewan Chand. The land has been described as Gair Mumkin. 3. The revenue record which is in Urdu was read in Court. Both sides agreed that the purport of mutation was to confer exclusive rights on Dewan Chand. It is this entry which is being challenged. It is submitted that the land is Ghair Mumkin and is being used for a common purpose. It is accordingly submitted that in terms of the provisions of Common Lands (Regulation) Act, 1956, no mutation as has been done in the present case could be made. As indicated above, the land is being used for a common purpose. It is qua this mutation dispute was entertained by the Joint Settlement Commissioner, Jammu. The said officer has passed an order whereby respondent petitioner herein has been restrained from raising any construction on the land in question. It is urged:- (i) That once the land is described as Ghair Mumkin, used for common purpose and an application is filed under the Jammu and Kashmir Common Lands (Regulation) Act, 1956, then respondent No. 3 was supposed to pursue his remedies in terms of Section 3 and 4 of the Act. It is submitted that the matter could be taken up by a Revenue Officer. For the purpose of Section 4, the Revenue officer would mean a Revenue officer as defined in Section 2(e) of the said Act. For facility of reference, the above section is being reproduced below:- "Revenue Officer" except for the purposes of sub section 4 of Section 15, means Tehsildar and Assistant Commissioner and includes Settlement Tehsildar and Assistant Settlement Officer." 4.
For facility of reference, the above section is being reproduced below:- "Revenue Officer" except for the purposes of sub section 4 of Section 15, means Tehsildar and Assistant Commissioner and includes Settlement Tehsildar and Assistant Settlement Officer." 4. It is accordingly submitted that it is only a Tehsildar or an Assistant Commissioner which term would include Settlement Tehsildar and Assistant Settlement Officer, who only could take cognizance of the petition said to have been filed under Section 4 of the above Act. 5. In the present case, a petition has been preferred before the Joint Settlement Commissioner exercising the powers of Settlement Commissioner. Taking cognizance of this, an objection has been taken in this petition. 6. After going through the pleadings of the parties, this petition is disposed of with the following directions:- (i) that the Joint Settlement Commissioner, Jammu before whom the petition has been preferred, would transfer the matter to the officers described in Section 2(e) of the Act, referred to above. It is being clarified that as the Revenue officer can take action on its motion or on an application preferred by any person, therefore, any person could bring to his notice that the Revenue Officer is supposed to exercise jurisdiction in the matter. When power is conferred suo-moto, even a stranger could have brought this aspect of the matter to the notice of the said officer. If reference is made by the Joint Settlement Commissioner, that would also be within the purview of Section 4(1) of the Act. See Everest Apartments Cooperative Housing Society Ltd. v. State of Maharashtra, AIR 1966 SC 1449. (ii) The Revenue Officer to whom the matter is transferred would take steps and do the needful. He would afford an opportunity of hearing to all concerned persons. (iii) Till a decision is taken by the Revenue Officer, the petitioner shall not take any steps for raising any construction on the land in question. Disposed of accordingly.