Jammu & Kashmir High CourtBalbir Singh And Others vs State And Others on 29 November, 2021Sr. No.40\n\n               HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                             AT JAMMU\n                                                  OWP No.509/2012\n                                                  IA No.99001/2013\n                                                  [D-2061/2013]\n                                                  IA No.99002/2013\n                                                  [D-2062/2013]\n                                                  IA No.696/2012\n\nBalbir Singh and others                              ....Petitioner(s)/Appellant(s)\n\n                   Through :- Mr. Mohd. Amir Awan, Advocate.\n         V/s\nState and others                                                 ....Respondent(s)\n\n                   Through :-   None.\n\nCoram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE\n\n                                     ORDER29.11.20211.        By the medium of this petition, the petitioners seeks quashment of\n\norder dated 30.03.2012 passed by J&K Special Tribunal Jammu.2.        It is contended that the issue involved is with regard to dispute of the\n\nland under Khasra No.233 measuring 5 Kanal and 19 Marlas situated at village\n\nFloora Nagbani Tehsil and District Jammu and the matter was agitated by the\n\nfather of the respondents before the Collector, Commissioner under the Agrarian\n\nReforms Act. The application filed by the private respondents to seek bringing\n\non record the legal heirs of deceased was rejected. On being aggrieved thereof,\n\nthe applicant respondent had filed a revision before the J&K Special Tribunal,\n\nwherein the Tribunal instead of deciding the revision filed by the respondents\n\nhas considered the main issue and has passed the order impugned herein. Feeling\n\naggrieved of the same, the petitioner has filed the present writ petition.2                              OWP No.509/20123.        The precise ground of challenge to the order impugned herein is that\n\nthe learned Tribunal instead of deciding the matter in revision has decided the\n\nmain issue by observing that the provisions of the Agrarian Reforms Act and\n\nprocess held on this account is thus null and void, legal heirs of the petitioner are\n\nfully entitled to received back their usurped property and for that the Tehsildar\n\nshall pass correct entries and handover land to its rightful owner. It is further\n\nprovided that the respondents have continuously enjoyed benefit of land and\n\nhave got more benefits beyond the amount of debt drawn by the petitioner in lieu\n\nof hand over of agriculture land for their cultivation possession prior to kharif,\n\n1971.4.        Heard learned counsel for the petitioners and perused the writ record.5.        A bare perusal of the order impugned itself reveals that the matter\n\nbefore the J&K Special Tribunal, Jammu was a revision filed by the applicant\n\nrespondent herein against order dated 30.01.2009 passed by Director Land\n\nRecords with powers of Agrarian Commissioner, Jammu in file No. 245/DLR in\n\ncase titled 'Krishan Dutt Vs Tabiyat Singh' whereby application for bringing on\n\nrecord the LRs of deceased Krishan Dutt has been dismissed, however, the\n\nTribunal instead of deciding the revision petition had decided the entire issue\n\nwhich is against the mandate of provisions of law.6.        In the given circumstances, I deem it appropriate to dispose of this\n\npetition instead of keeping it as pending consideration by remanding back the\n\nmatter to J&K Special Tribunal, Jammu who shall consider and pass fresh orders\n\nin revision petition filed the applicant/respondent herein. The Tribunal is\n\nrequested to decide the matter expeditiously. The order impugned dated\n\n30.03.2012 is, accordingly, set aside.3                         OWP No.509/20127.                  Disposed of as above.8.                  Registry to communicate a Copy of this order to J&K Special\n\n           Tribunal, Jammu, who on receipt of this order shall issue notice to the parties for\n\n           appearance.(Tashi Rabstan)\n                                                                           Judge\n           Jammu:29.11.2021\n           Surinder\n\n                                              Whether the order is speaking?             Yes/No\n                                              Whether the order is reportable?           Yes/No\n\n\n\n\nSURINDER KUMAR\n2021.11.30 14:20\nI attest to the accuracy and\nintegrity of this document