SANDHOOR SINGH Vs. JAMMU AND KASHMIR SPECIAL TRIBUNAL

JUDGEMENT

(1.) By the medium of this writ petition, petitioner has challenged the order dated 5th of February, 2008 passed by respondent No. 1, whereby revision petition No. STJ/302/05 filed by the writ petitioner came to be dismissed, on the grounds taken in the writ petition. It appears that the parties are in lis right from 1981 and this is the third round of litigation before this Court. It is profitable to give a brief resume of the case, the womb of which has given birth to the instant writ petition.

(2.) Land measuring 19 kanals 8 marlas falling under Khasra No. 58 situated at Top Sherkhanian, Jammu was in possession of one Ghasitu Ram as tenant and after his death is in possession of respondents 2-5 as legal heirs-representatives of said Ghasitu. Mutation No. 2819 came to be passed under Section 4 of J & K Agrarian Reforms Act (hereinafter for short as Act) in favour of respondents 2-5 and came to be declared as prospective owners. Respondents accordingly deposited levy and mutation under Section 8 of the Act came to be passed in their favour. Petitioner-ex-landlord had filed application before Tehsildar on the prescribed form in terms of the provisions of the Act for resumption of land, came to be rejected by Tehsildar vide Order dated 10th of April, 1981 and accordingly mutation came to be passed in favour of respondents 2-5.

(3.) Feeling aggrieved, writ petitioner questioned the same before the Appellate Authority, came to be dismissed. Petitioner questioned the same by the medium of revision petition, came to be allowed and orders of appellate court as well as the Tehsildar came to be set-aside. Feeling aggrieved respondents 2-5 filed writ petition before this Court, came to be allowed and the order of Tribunal came to be quashed and Tehsildar was directed to conduct enquiry afresh.