DEVINDER SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner is aggrieved and challenges an order dated 31.07.2013 passed by the Financial Commissioner (Revenue), J&K in file No. 264/FC-AP, whereby the revision petition filed by respondent Nos. 5 and 6 against an order of Settlement Commissioner, Jammu dated 26.08.2005 has been accepted.

(2.) The facts leading to the filing of this petition purportedly filed under Section 104 of the Constitution of J&K read with Article 226 of the Constitution of India, as are relevant for its disposal need to be noticed first.

(3.) The petitioner claims to be adopted son of one Devki Devi alias Dadwal, resident of Talab Tillo, Jammu, who owned a piece of vacant land measuring 5 Kanals 10 Marlas comprised in Khasra No. 267 min recorded as Warhal Awal in the revenue records. The land was situated in village Toph Sherkhanian. On 30.04.1970, the said land was leased out by Smt. Devki Devi in favour of one Sh. Kirti Kumar, a partner of respondent No. 5 for a period of 20 years. In the aforesaid lease deed, apart from other covenants and stipulations, it was clearly indicated that the said land had been under the use of brick kiln for more than 15 years and had never been put to agricultural use and that the lease had been granted to the lessee for industrial purpose, i.e. construction of a factory. This lease deed, it may be noted, has been accepted by the parties and never assailed before any competent forum. Although, the lease deed executed on 30.04.1970 was envisaged for a period of 20 years but in the year, 1977, the parties, i.e. Smt. Devki Devi, lessor and Sh. Kirti Kumar, the lessee decided to execute fresh lease deed in supersession of the earlier one. Accordingly, on 04.01.1977 a fresh lease for a period of 90 years was executed. The later lease deed was obviously in supersession of the earlier lease deed executed on 30.04.1970. The lease was to commence w.e.f 01.09.1976. In the fresh lease also, the parties reiterated that the lease of the land was for construction of a factory.