DIVAKAR RAI Vs. J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) The applicant/ petitioner has filed the instant application seeking condonation of 4744 days delay in filing the Review Petition against the judgment dated 07.11.2000 passed by this Court in OWP No. 802/1993, which was disposed of by remanding the matter to the Commissioner, Agrarian Reforms, Kathua/ Jammu instead of Tehsildar Agrarian, Kathua.

(2.) In the application, it has been stated that the judgment in question was passed on 07.11.2000 and thereafter the matter was before the Letters Patent Bench upto 12.04.2001 and thereafter the matter was not taken up by the Appellate Authority at Kathua despite repeated requests of the applicants and ultimately the respondent Nos. 2 to 39/ applicants preferred a contempt petition bearing No. COA((OW) No. 19/2013 and it was on 19.02.2013 the notice was issued to the appellate authority and this activated the matter as the proceedings kicked start before the appellate authority on 26.02.2013 and the matter was fixed for 12.12.2013.

(3.) It is stated that it is before the Appellate authority at Kathua, that the counsel for the respondent Nos. 2 to 39 noticed a legal error in the judgment in question and apprised the applicants that in terms of Section 21 of Agrarian Reforms Act, the Commissioner Agrarian Reforms is the Appellate Authority and the matter has been erroneously remanded to the Appellate Authority instead of Tehsildar Agrarian, Kathua.