1. A common question of law viz; the powers and jurisdiction of the Revenue Minister of the State of J&K to order cancellation of Permanent Resident Certificate in exercise of the revisional jurisdiction of the Government under Section-6 of the J&K Permanent Residents Certificate ( Procedure) Act, 1963, is the subject matter of issue in these petitions. In OWP No. 97/2001, on the complaint of respondent-5 challenging the status of the petitioner as permanent resident of the State, the then Revenue Minister forwarded the complaint to Divisional Commissioner, Jammu for holding enquiry. The Divisional Commissioner, Jammu further directed Deputy Commissioner, Doda, who in turn asked Additional Deputy Commissioner, Doda to hold enquiry on the complaint of respondent-5. The Additional Deputy Commissioner, Doda enquired into the complaint of respondent-5 against the petitioner and forwarded his report to the Deputy Commissioner, Doda, who in -turn, forwarded the same to the Divisional Commissioner, Jammu and the same was finally sent to the Revenue Minister of the State Government. The Revenue Minister while exercising his revisional powers, summoned the parties and after hearing the parties and their counsel, passed the impugned order dated 30.11.2000, which is the subject matter of challenge in the present petition. 2. In OWP No. 732/2001, a complaint was lodged by respondent-4 in this petition against the petitioner challenging his Permanent Resident Certificate issued by the Deputy Commissioner, Jammu. The Revenue minister( Responent-2) entertained the revision filed by respondent-4 and issued interim order dated 10.4.2001 whereby the writ petitioner has been restrained from selling, alienating or transferring his property bearing Khasra No. 243/Min measuring 2 kanals- 19 marlas situate at Chak Kalu Tehsil Jammu and also his house No. 160 at Kanji House, Jammu. This interim order is sought to be assailed primarily on the ground of want of jurisdiction/ authority with the Revenue Minister of the State. 3. Before adverting to the merits of the final order impugned in OWP No. 97/2001, question of law sought to be raised in both these petitions in respect to the jurisdiction of the Revenue Minister of the State to exercise revisional powers under Section 6 of the Permanent Residents Certificate ( Procedure) Act, 1963, hereinafter referred to as Act, needs to be examined in the light of the earlier judgments of this court relied upon and referred to by the parties during the course of hearing. 4. 4. Learned counsel for the petitioner has referred to a judgment by the Co-ordinate Bench of this court in Teerath Ram and Others v Revenue Minister and others reported in AIR 1991 J&K 40. In the above case, this court while relying upon a Full Bench judgment of this court in Behari Lal v. Behari Lal, reported in AIR 1972 J&K 114, held as under: "It is thus clear from the above discussed law and the finding arrived at by the Full Bench of this Court and above referred command order being repugnant to the Act cannot be taken into consideration and has to be ignored altogether. Under S. 6 of the Act only Government is empowered to revoke or cancel permanent resident certificate issued by a competent authority under law. In the present case the Revenue Minister has passed the impugned order in revision which he was not competent to do so." 5. On the other hand, learned counsel for the respondents has relied upon a judgment in case Garoo Singh v. State and others passed in OWP No. 233/2002 decided on 22.11.2002, wherein this court while relying upon the provision of Section-6 of the J&K Permanent Residents Certificate (Procedure) Act and Rule -7 of the rules framed there -under, observed as under: "On this settled position of law, Revenue Minister has the jurisdiction to consider the application of revisional side submitted under Section 6(1) of the Act." 6. From the above two quoted judgments, two learned Single Judges of this court have taken different view. It would be more appropriate to consider the Full Bench judgment of this court in case Behari Lal v. Behari Lal reported in AIR 1972 J&K 114. The Full Bench of this Court taking note of Command Order No. 42-H of 1947 issued by His Highness Maharaja Bhadur has taken the following view: "By Command Order No. 42-H of 1947 His Highness was pleased to make the following order: "In exercise of the powers inherent in him under Section 5 of the Jammu and Kashmir Constitution Act, 1996. His Highness the Maharaja Bahadur has been pleased to command that no suit shall lie in any civil court in respect of the matter of grant, dismissal or revocation of State Subject Certificate s or in respect of declaration of a person being a State subject and that the orders of the Revenue Minister passed in exercise of revisional jurisdiction in such cases shall be final." On 17th November, 1956, Section 1 to 8 and 158 of the Constitution of Jammu and Kashmir came into force. Section-6 defined persons who shall or shall be deemed to be the permanent resident of the State at the commencement of the Constitution. Section 7 provided that reference in the existing law to `hereditary State subjects or to `State Subject of Class I or of Class II or of Class III shall be construed as references to permanent residents of the State. Such existing law was continued in force by sub section(2) of S. 157 which provided that laws in force in the State immediately before the commencement of the Constitution shall continue in force until altered or repealed or amended by the competent authority. By the combined operation of this sub section and Section 7, the Command Order therefore, continued in force with the modification that reference therein to the ` State Subject was to be read as reference to a permanent resident of the State. Then followed the Jammu and Kashmir Permanent Resident Certificate (Procedure) Act, 1963, (hereinafter called `the Act) which came into force on 27th March, 1963. The Act was designed " to provide for the regulation and grant of permanent resident certificates". By Section 2 it provided: 2. "Repeal and saving. (1) From the date this Act comes into force, all previous Law, Rules, Commands, Orders, Circulars and instructions relating to the grant of State Subject or Permanent Resident Certificates in so far as they are repugnant to this Act, shall be deemed to have been repealed. (2) Notwithstanding such repeal, all certificates granted, actions taken and other things done under the Laws, Rules, Commands, Orders, Circulars and Instructions so repealed shall be deemed to have been granted taken. or done under this Act." The question arises whether the Command Order survived the passing of this Act. (2) Notwithstanding such repeal, all certificates granted, actions taken and other things done under the Laws, Rules, Commands, Orders, Circulars and Instructions so repealed shall be deemed to have been granted taken. or done under this Act." The question arises whether the Command Order survived the passing of this Act. In this connection, it is worthy of notice that by Section 4 the Act gives power to an authority styled as ` competent authority to grant permanent resident Certificates. The orders of the competent authority are open to revision by the Government under Section 6 which, in so far as is relevant provides as under: 6. Revision (1) The Government may at any time either on its own motion or on an application made to in this behalf, call for the record of any case pending before or disposed of by a competent authority and may uphold or reverse the orders of the competent authority or may pass any other orders or give any directions as it may deem fit. Provided that no orders prejudicial to an interested person shall be passed without giving such a person a reasonable opportunities to be heard." Thus the powers of revision which earlier vested in the Revenue Minister under the Command Order have been given under the Act to the Government. These powers are exercisable by the Government not only with respect to cases arising under the Act but also in regard to those arising under the earlier laws on the subject, the reason being that " all certificates granted, actions taken and other things done under such laws" shall, by force of sub- section (2) of S. 2 of the Act, be deemed to have been granted, taken or done under the Act. That being so, the Act and the Command Order cannot co- exist for any purpose whatever. The Command Order is repugnant to the Act and must be deemed to have been repealed by the Act." 7. That being so, the Act and the Command Order cannot co- exist for any purpose whatever. The Command Order is repugnant to the Act and must be deemed to have been repealed by the Act." 7. In view of the conflicting views on the issue, it is deemed necessary to consider constitutional provisions and other laws framed on the subject particularly in the light of findings of Honble Full Bench in Behari Lal v. Behari Lal (supra) A permanent resident of the State is defined under Section 6 of the J&K State Constitution read with Notification No. 1-L 84 of 1927 dated the twentieth April, 1927 and Notification No. 13 L of 1932 dated the twenty- seventh June,1932. The State Legislature enacted J&K Grant of Permanent Resident Certificate (Procedure) Act, 1963 for the regulation and grant of Permanent Resident Certificate to the permanent residents of the State, as there was no specified procedure prior to that and particularly after the constitution of Jammu and Kashmir came into being providing definition of the Permanent Resident. Section -4 of the Act provides for making an application to the competent authority to be notified by the Government for grant of Permanent Resident Certificate, whereas Section-5 thereof prescribes the procedure for issue of summons, notices etc. and for this purpose, the provisions of the J&K Land Revenue Act have been made applicable to proceedings under the Act. Section -6 of the Act confers revisional powers upon the Government, whereas Section-8 prescribes for delegation of the revisional powers of the Government to any other officer in accordance with the procedure prescribed therein. Section 9 of the Act confers rule making power upon the Government to carry out the purpose of the Act. For purpose of brevity, Sections 6,8 and 9 relevant in the context of these petitions are quoted hereunder: "6. Revision (1) The Government may, at any time, either on its own motion or on an application made to it in this behalf, call for the record of any case pending before or disposed of by a competent authority and may uphold or reverse the orders of the competent authority or may pass any other orders or give any directions as it may deem fit. Provided that no orders prejudicial to an interested person shall be passed without giving such a person a reasonable opportunity to be heard. Provided that no orders prejudicial to an interested person shall be passed without giving such a person a reasonable opportunity to be heard. (2) If it appears to be competent authority that a substantial question of law or public interest is involved in any proceedings under this Act, it may report it to the Government and the Government may pass any orders or issue any directions, it may deem fit. ................ 8. Delegation of powers: The Government may, by an order published in the Government Gazette, direct that powers of revision conferred on it by this Act,shall in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by any officer. 9. Power to make rules (1) The Government may, after previous publication, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for: (a) the procedure and mode of presentation, appearance, conduct of enquiries and disposal of applications; (b) the procedure for presentation, hearing and disposal of revision applications; (c) the forms to be used for various purposes for which a Permanent Resident Certificate is to be granted; (d) maintenance of forms to be used in various registers, returns, statements and reports; (e) cancellation of the certificates by revisional authority and the delivering up of such certificates for the purpose; (f) any other matter which is to be or may be prescribed under this Act." 8. Under rule making power of the Government, the State Government has framed rules namely; J&K Grant of Permanent Residents Certificate (Procedure) Rules, 1968 as notified vide Revenue Department Notification SRO 247 dated 25.4.1969. For the purpose of present petitions, rules 7,8 and 9 are relevant, the same are also quoted hereunder: "7. Under rule making power of the Government, the State Government has framed rules namely; J&K Grant of Permanent Residents Certificate (Procedure) Rules, 1968 as notified vide Revenue Department Notification SRO 247 dated 25.4.1969. For the purpose of present petitions, rules 7,8 and 9 are relevant, the same are also quoted hereunder: "7. Revisional Proceedings (1) (a) An application for revision under sub- section (i) of section 6 shall be accompanied by a copy of the order of which revision is sought and may be presented to the Secretary to Government, Revenue Department, and if he finds it to be in order, he shall admit it for being heard by the Revenue Minister ; provided that when the revisional authority is holding office in a division other than the one to which an application for revision pertains, such application may be presented before a Revenue Officer for transmission to such revisional authority. (b) Every written application or statement filed by a party to a proceeding under the Act, shall be drawn up and verified in the manner provided by the Civil Procedure Code for written statements in suits. (c) All reports under sub-section (2) of section 6 shall contain a brief statement of facts of the case and the grounds for reference to the Government and shall be made by the competent authority through the officers to whom he is subordinate, where the competent authority is the Deputy Commissioner, he shall submit the report through the Divisional Commissioner and Financial Commissioner and inform the applicant about it. (d) On receipt of the orders on any report made under clause (a), the competent authority shall take further action in the matter. (2) An entry of the substance of the order m made under sub-section (1) of section 6 shall be made on the copy of the certificate attached to the file referred to in rule 5 and in the register referred to in rule 6 under the signature of the Tehsildar. Where the file is consigned to the records, such entry shall be made by the Record Keeper under the orders of the competent authority. The original order issued by the Government shall be attached to and form a part of the file. 8. Where the file is consigned to the records, such entry shall be made by the Record Keeper under the orders of the competent authority. The original order issued by the Government shall be attached to and form a part of the file. 8. Cancellation of certificate Where the orders of the competent authority granting a certificate have on revision been reversed and the person holding the certificate has, therefore, ceased to be a permanent resident: (1) the fact shall forthwith be notified in the Government Gazette for information of the public by the Deputy Commissioner of the district, to which such person belongs, and also communicated by him to the Government Departments and institutions have any dealings with such person as a Government servant otherwise. The Deputy Commissioner shall at the same time take appropriate action in the matter of acquisition of any right or interest in any immovable property which, but for his having been deemed a permanent resident, such person could not acquire; and (2) the Tehsildar shall carry upon the person to whom the certificate is granted or his successor-in-interest if he is dead, to surrender the certificate. On the certificate having been surrendered, a note of the cancellation shall be made by the Tehsildar on it and it shall be attached to the original file on which the certificate was granted. 9. Executive Instructions: The Revenue Minister may issue executive instructions not inconsistent with the Act and these rules." 9. From the reading of Section 6 of the Act, it is evident that the Government has widest powers to revise any order passed by the competent authority or even to examine pending or disposed of cases and pass any order or give any direction. The restrictions contained on the powers of revisional authority are contained in the proviso to section 6(i), which makes it mandatory for the revisional authority to provide a reasonable opportunity of being heard where an order is to be passed prejudicial to the interest of an interested person. 10. It is admitted case of the parties that the powers of revision are conferred upon the Government of the State. There is no definition of the Government under the Act or the rules made therein nor such a definition is provided under the J&K General Clauses Act, 1977. 10. It is admitted case of the parties that the powers of revision are conferred upon the Government of the State. There is no definition of the Government under the Act or the rules made therein nor such a definition is provided under the J&K General Clauses Act, 1977. Therefore, we have to fall back on the meaning of Government as is used in common parlance. The Government has been defined in Black Law Dictionary to mean :(1) Structure of principles and rules determining how a state or organization is regulated and (2) An organization through which a body of people exercise political authority; the machinery by which sovereign power is expressed. The definition of Government in Oxford Dictionary is act, manner or system of government." Body of persons governing a nation." 11. Section 43 of the J&K Constitution empowers the Governor of the State to frame rules to carry on business of the government and for allocation among ministers of the said business. This section is noticed as under: "43. Rules of Business: The Governor shall make rules for the more convenient transaction of the business of the Government of the State and for the allocation among ministers of the said business." 12. In exercise of powers under sections 43 and 45 of the State Constitution, the Governor has framed rules namely; The Jammu and Kashmir Government Business Rules. Under Rule-5, the Chief Minister has the power to allot the business of the government by assigning one or more departments to the charge of a Minister. Under Rule-9, all business allotted to a department is to be disposed of by or under the general or special directions of the Minister-in Charge, except the matters which are required to be considered by the Cabinet, the Chief Minister and the Governor as prescribed under 2nd 3rd and 4th schedules. Rule-9 is noticed as under: "9. Except as otherwise provided for in these rules, all business allotted to a department shall be disposed of by or under the general or special directions issued by the Minister -in-charge. Copies of such special or general directions issued by the Minister shall be sent to the Governor and the Chief Minister" 13. Rule-9 is noticed as under: "9. Except as otherwise provided for in these rules, all business allotted to a department shall be disposed of by or under the general or special directions issued by the Minister -in-charge. Copies of such special or general directions issued by the Minister shall be sent to the Governor and the Chief Minister" 13. From the conjoint reading of the Constitutional Provisions and the Business Rules referred to above, it is the Minister-in-charge of a department who is to discharge the governmental functions except those matter which are specified under schedules 2, 3 and 4. Scheudle-2 deals with the matters which are required to be considered by the Cabinet. Schedule-3 specify the cases which are required to be submitted to the Chief Minister by the Chief Secretary and the Schedule -4 deals with the cases which are required to be submitted to the Governor by the Chief Minister. As regard the exercise of revisional jurisdiction of the government is concerned, it does not fall in any of the specified matter under Schedules 2,3 and 4 and thus falls within the jurisdiction of the Minister-in- charge and is required to be considered by him in terms of Rule-9 of the Business Rules. It is thus, Minister-in- charge of the department who is the government for the purpose of section 6. Since the grant and refusal of a Permanent Resident Certificate is within the department of revenue, it is the Revenue Minister who should be competent to exercise the revisional powers as the government under section 6 of the Act. 14. Apart from Business Rules referred to above, under Rule 7( 1-a) of the Rules framed under the J&K Grant of Permanent Residents Certificate ( Procedure ) Rules, 1968, quoted hereinabove, an application for revision is required to be heard by the Revenue Minister, meaning thereby that the powers of revision has been specifically conferred upon the Revenue Minister by the statutory provision. Therefore, the argument of the learned counsel for the petitioners that the Minister-in charge has no jurisdiction to act on behalf of the Government for purposes of Section-6 of the Act does not seem to reflect correct position in law. 15. Therefore, the argument of the learned counsel for the petitioners that the Minister-in charge has no jurisdiction to act on behalf of the Government for purposes of Section-6 of the Act does not seem to reflect correct position in law. 15. It has been argued on behalf of the petitioners that all powers of the government have been delegated to the J&K Special Tribunal, constituted under the J&K Special Tribunal Act, 1988 and thus, the power of revision under the provision of the Act is also to be exercised by the said Tribunal. Section 3 of Special Tribunal Act confers the powers to hear appeal and revision by the tribunal under all such laws where-under and where-ever such powers are to be exercised by the government or minister. However, sub section 2 of section 3 specifically excludes application of sub- section 1 as regard exercise of powers of appeal, revision or review under J&K Grant of Permanent Residents Certificate (Procedure) Act, 1963 or the rules framed there under are concerned. Therefore, there is no substance in the argument of the learned counsel for the petitioners, as raised in OWP No. 732/2001. 16. From the detailed reading of the judgment of the Honble Full Bench, Constitution of State and other laws on the subject, it appears that the Full Bench was not apprised of the delegation of the authority of the Government to various ministers under the provision of Section 43 of the Constitution of the Jammu and Kashmir by the Governor by framing Business Rules, which inter alia delegate and distribute the powers to the ministers, who are allocated concerned departments. Rule 7 of the Jammu and Kashmir Permanent Residents (Procedure) Act, 1963 framed under the Act where under the Revenue Minister has been specifically conferred with the powers of revision under section 6 of the Act. Therefore, the Honble Full Bench had no occasion to examine the implication of these provisions as far exercise of the revisional powers by the Revenue Minister is concerned. 17. Under normal circumstances and in view of the interpretation of the constitutional provision and the provision of law in force, I would have conveniently formulated an opinion that the Revenue Minister is the competent person to exercise revisional powers. 17. Under normal circumstances and in view of the interpretation of the constitutional provision and the provision of law in force, I would have conveniently formulated an opinion that the Revenue Minister is the competent person to exercise revisional powers. However, keeping in view the findings of the Full Bench which are binding upon me in view of Rule 34( 1 ) of the Jammu and Kashmir High Court Rules, 1999, I am of the view that the matter needs to be re-examined by a competent larger bench. I accordingly frame the following question for reference: 1." Whether the Revenue Minister is entitled to exercise the powers of the Government under the Business Rules and the Constitution of the State in respect to department allocated to him and consequently the revisional powers under Section -6 of the J&K Grant of Permanent Residents Certificate (Procedure) Act,1963 and the rules framed there under after coming into operation the J&K Constitution?" 2. If the answer to above question is in affirmative, whether the judgment reported in AIR 1972 J&K 114 lays down correct proposition of law? 18. In view of reference made, I defer the consideration of other issues involved in these writ petitions. 19. Registry is directed to place this file before the Honble Chief Justice for constitution of appropriate bench. In accordance with mandate of law.