Ab. Lataief v. Asstt. Commissioner (Revenue) Jammu
2012-06-05
Sanjay Gupta
body2012
DigiLaw.ai
1. This petition has been assigned to this Bench for disposal under law. Heard,on the question of maintainability of revision petition, before this Special Tribunal. 2. This revision petition has been filed against the order no. DCJ/SQ/2012-13/449 dt. 5./5.2012 communicated by respondent no. 1 to the Tehsildar Settlement, Jammu for evicting the petitioner from forest land comprising under Khasra No. 371,situated in village Sunjwan Tehsil and District Jammu. 3. Petitioner has stated that, he is in possession of 4 kanals of land out of total land measuring 205 kanals 14 marlas under Kh No. 371 situated at Sunjwan Tehsil and District Jammu. That, this land is state land to be in occupation of forest department. That petitioner is in cultivation possession of land and has constructed 4 sheds in which good numbers of animals have been placed. That Khasra girdawari of Kharif 1999 and 2011, bear his possession. That vide on 30.5.2011,General Secretary of Gujjar Desh Charitable Trust approached DIG Jammu with complaint that, some unscrupulous elements in connivance with land grabbers, are encroaching upon this land, which can create some serious law and order problem. DIG of police forwarded the complaint to SHO Channi Himmat for necessary action. That Police came on spot and petitioner showed the Khasra girdawari. That Gujjar Desh Charitable Trust approached the Dy. Commissioner Jammu on 13.2.2012 for issuance of necessary urgent steps to vacate the school land, stating that Khasra girdawari stands in the name of Brigadier Khuda Bakash Memorial Public Higher Secondary School through Gujjar Desh Charitable Trust. That Asstt. Commissioner Revenue without associating with petitioner, vide impugned communication directed Tehsildar Settlement Jammu for carrying out the eviction of occupant over the forest land. 4. Petitioner has further averred that he can not be evicted, without due course of law. Petitioner filed a writ petition before Hon'ble High Court No. OWP/701/2012. That said petition has been disposed off on 15.5.2012. That honorable High court of j& k,while disposing of writ Petition has given liberty to petitioner for invoking appropriate remedy. 5. I have given my thoughtful consideration to whole aspects of matter. 6. The order of Hon'ble High Court reads as under; Communication dt. 5th may 2012 is called in question in this writ petition Assistant Commissioner Revenue has asked Tehsildar Settlement Jammu to evict the illegal occupants over the Forest land Khasra no. 371.
5. I have given my thoughtful consideration to whole aspects of matter. 6. The order of Hon'ble High Court reads as under; Communication dt. 5th may 2012 is called in question in this writ petition Assistant Commissioner Revenue has asked Tehsildar Settlement Jammu to evict the illegal occupants over the Forest land Khasra no. 371. The names of illegal occupants have also been given in the communication. The Tehsildar is also directed to cancel the girdawari of the persons mentioned in the s aid communication. 7. The order of Asstt. Commissioner Revenue Jammu can be challenged by filing appropriate proceedings under the Land revenue Act and other relevant status. The petition at this stage is held to be premature and is accordingly disposed of with liberty to petitioner to invoke the appropriate remedy in accordance with law. 8. For four weeks from today status quo as on date be maintainable. Jammu 15.5.2012 Sd/ Hon'ble /judge 9. Counsel for the petitioner has argued that,as the land in dispute is forest land, so this Court has jurisdiction to revise the impugned order under forest act.. 10. This Tribunal has been established in term of section 4 of J&K Special Tribunal Act 1988. Section 3 of act is relevant for deciding the matter: 1. Notwithstanding anything contained in any law made by the state Legislature but save as otherwise provided in sub-section (2) an appeal, revision or review petition which under any such law lies to the Government or a Minister shall from such date as may be appointed by the Govt. by notification in the Government Gazette lie or be so preferred, brought, made or presented to this Tribunal and accordingly any reference in any provisions of such law, which relate to the matters aforesaid, to the Govt. or the Minister shall be construed as a reference to the Tribunal. 2 -- -- -- -- -- -- 3 -- -- -- -- -- 11. A plane reading of this section, it is evident that, an appeal revision or review petition, which arise under any law made by State legislature previously, lies to Govt. or Minister, shall now lie to this Special Tribunal and not otherwise. 12. I have gone through the Forest Act of 1987 carefully. There is no chapter of revision in Act.
A plane reading of this section, it is evident that, an appeal revision or review petition, which arise under any law made by State legislature previously, lies to Govt. or Minister, shall now lie to this Special Tribunal and not otherwise. 12. I have gone through the Forest Act of 1987 carefully. There is no chapter of revision in Act. However there is Section 48 (a) of forest Act, which deals with penalty for remaining in possession of forest land or unauthorizedly taking the possession of forest land. This section speaks that any person who unauthorisedly takes or remains in possession of forest land, can be summarily be ejected by order of Forest Officer not below the rank of Divisional Forest Officer. This section also provides remedy of filing appeal before Government. 13. In present case impugned order has not been passed under forest act, by forest officer, so this Tribunal has also no jurisdiction to entertain even appeal also. 14. In view of what has been discussed above, this revision is not maintainable before this tribunal, hence dismissed. File is consigned to record.