Diljeet Singh v. Additional Deputy Commissioner Jammu
2023-02-27
RAHUL BHARTI
body2023
DigiLaw.ai
JUDGEMENT 1. Heard learned counsel for the petitioner. 2. The parties to this writ petition were locked on the revenue/agrarian side litigation which landed before the J&K Special Tribunal in the form of different cases bearing nos. 77/2001, 78/2001, 79/2001, 80/2001, 82/2001, 83/2001, 84/2001, 85/2001, 86/2001 as being the revision petitions. 3. All the aforesaid revision petitions came to be disposed of by the Jammu and Kashmir Special Tribunal in terms of a judgment dated 19.02.2002 and the operative part of the judgment is in para-11 in terms whereof the mutation orders in reference came to be quashed along with the entire proceedings attending therewith which included the final order of the Commissioner Agrarian Reforms, Jammu against which the aforesaid revision petitions under the Agrarian Reforms Act had been preferred before the J&K Special Tribunal Jammu. 4. As a consequence of quashment of mutation orders as well as the order in appeal passed by the Commissioner Agrarian Reforms, Jammu, the J&K Special Tribunal, Jammu came to remand the matter to the Tehsildar Agrarian Reforms, Bishnah with a direction to conduct an enquiry in the matter in accordance with law after affording fair opportunity to all the concerned parties of being heard and pass fresh order, accordingly. 5. Reference of the enquiry was also set out by the Jammu and Kashmir Special Tribunal, Jammu in para-13 of the said judgment. Pursuant to this judgment so passed by the Jammu and Kashmir Special Tribunal, the remand proceedings came to take place before the Tehsildar Agrarian Reforms, Bishnah culminating in report dated 21.02.2003. 6. Against this course of proceedings on the part of the Tehsildar Agrarian Reforms, Bishnah the present petitioners herein came to prefer an appeal under section 21 of the Agrarian Reforms Act before the Additional Deputy Commissioner with powers of Commissioner Agrarian Reforms, Jammu wherein this appeal remained pending on the docket for more than 19 years, when on 27.04.2022, the Additional Deputy Commissioner with powers of Commissioner Agrarian Reforms, Jammu came to find an escape route by four line order bearing reference that appeal against the report send by the Tehsildar to Jammu and Kashmir Special Tribunal is not appealable.
It seems that the Additional Deputy Commissioner, Jammu did not read the very text of the judgment of the Jammu and Kashmir Special Tribunal lest that of understanding its import and context, as such this Court is directing the Additional Deputy Commissioner with powers of Commissioner Agrarian Reforms, Jammu to supplement the reasons in support of his adjudication so made in terms of order dated 27.04.2022 as to on what basis he came to hold that the course of action at the end of the Tehsildar Agrarian Reforms, Bishnah did not amount to an order under the provisions of Agrarian Reforms Act, 1976 so as not to be appealable before him. This supplementing of the reasons by the Additional Deputy Commissioner with powers of Commissioner Agrarian Reforms, Jammu shall take place within time given hereunder. 7. In case, the Additional Deputy Commissioner (with powers of Commissioner Agrarian Reforms), Jammu would come to a conclusion that the course of action at the end of the Tehsildar Agrarian Reforms, Bishnah in terms of his purported report is infact an adjudication under the Agrarian Reforms Act, 1976 then the Additional Deputy Commissioner (with powers of Commissioner Agrarian Reforms), Jammu shall be well within his right to pass an order to that effect and put the parties to a fresh notice for appearance for adjudication of the appeal on its merits. Needful be done within a period of one month from the date of receipt of the certified copy of this order which is to be served by the petitioner herein unto the Additional Deputy Commissioner (with powers of Commissioner Agrarian Reforms), Jammu. 8. Disposed of.