DHARMI DEVI Vs. CHAND

JUDGEMENT

(1.) A challenge is being made to an order passed by the Financial Commissioner Jammu whereby land measuring 829 kanals 7 marlas have been ordered to be utilised for Kahcharia. It is not in dispute that this land is part of Shamlat. According to the learned Financial Commissioner such reservation could be made in terms of Hadyat Amaldramad Qanoon Khatma Chakdari 2007. What is said by the learned Financial Commissioner says in this regard is being reproduced below:

(2.) IT is this aspect of the matter, which is subject matter of challenge. It is submitted that if the state land is available then shamlat land cannot be armarked for kahcharia purposes. It is submitted that about 1600 kanals of land belonging to the state is available and therefore shamlat land could not be utilised for kahcharia purpose. With a view to sustain this argument reliance is being placed on a decision of this court Slam Rather and others versus Mohd Ganai and others AIR 1964 J&K 46 particular reliance is being placed on para 5 of the judgment,. The historical background as to how shamlat land came to be created and as to how this land is to be dealt with has been indicated in this para for facility of reference this para is being reproduced below,

(3.) AFTER having heard learned counsel for the parties I am of the opinion so far as legal position is concerned no exception can be taken to the view expressed by the learned Financial Commissioner however on facts issues whichwere required to be gone into were.