BISHNO DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) AN order passed by the Financial Commissioner (Revenue) on 09 -06 -2000 is a subject matter of challenge in this petition. The facts in brief are as under:

(2.) THAT one Kanshu Ram was a land owner. He died in Feb. 1953. At that time, he left behind a widow Lakho, four sons and four daughters. The mutation regarding inheritance came to be made in Sept. 1961. This mutation was made in favour of all the heirs including the daughters. Later on, sons challenged this mutation before the Joint Settlement Commissioner. The said officer refused to interfere. This was on the ground of delay. The matter was taken up in the revision before Financial Commissioner (Revenue). The Financial Commissioner (Revenue) expressed an opinion that matter is required to be looked into afresh. It is this order which is the subject matter of challenge in this petition. What is urged is that;

(3.) THE above argument is sought o be refuted by taking a plea that Financial "commissioner has exercised suo -moto powers is vested in the said officer in terms of section 5 of the Land Revenue Act. Reliance is being placed on the following observation made by the Financial Commissioner (Revenue);