TEERATH RAM Vs. REVENUE MINISTER

JUDGEMENT

(1.) Petitioners were granted permanent residents certificates (P.R. Cs) by Tehsildar R. S. Pura. Later on Deputy Commissioner, Jammu, respondent No.2, on complaint filed by Jaggu Ram, respondent No.3 herein, made a recommendation to the Revenue Minster for cancellation of the abovesaid P.R.Cs issued in favour of the petitioners and the Revenue Minsiter on 3/04/1981 cancelled the same. Petitioners in this petition have challenged the order of the Revenue Minster, respondent No. 1, and prayed for quashing the same.

(2.) Petitioners case is that they are permanent residents of the State of Jammu and Kashmir and impugned order of respondent No.1 is illegal and without jurisdiction. According to them whole of proceedings initiated by respondents 1 and 2 are liable to be quashed being held without jurisdiction as the power to revise the order issuing certificate of permanent resident in favour of the citizens of the State is available to the Government alone and such power cannot be exercised by the minister. He has also stated that proceedings were initiated by the then Public Relation Officer to the Deputy Chief Minister who did not constitute the Government nor has been authorised by the Government.

(3.) Petitioners' further case is that under J and K Grant of Permanent Residents Certificates (Procedure) Act, (Act hereafter), an order passed for issuance of certificate of permanent resident of the State can be set aside only in a revision filed before the Government but in the present case no such revision vas filed and only a representation in the shape of application was moved and respondent No.2 acted upon the same. He has also challenged the provisions of S.6 of the Act being unconstitutional and against the provisions of law, as the Government has been clothed with powers to use the weapon of revision against any person whom they want to discriminate him at any time and according to their choice and sweet-will. Revisional jurisdiction has been exercised utter a lapse of 21 years which could not have been done. It has also been stated that petitioner No.2 is a practicing lawyer and a politically conscience person and he has been organising refugees from West Pakistan for the purpose of achieving their right of getting citizenship in the State due to which respondents had conceived at grudge against him. In this regard petitioner No.2 was threatened to dissociate himself from the abovesaid organisation. Petitioners have also averred that respondent No.1 has acted in violation of principles of natural justice inasmuch as he has cancelled their P.R.Cs without summoning them and affording them opportunity of being heard and further ingnoring most valuable piece of evidence in favour of the petioners i.e. copy of register of Census of 971-72 Smvt. Year of village Kheri wherein name of the father of petitioner No.1 Shri Beli Ram existed. According to them Beli Ram and their fore-fathers were permanent resiedents of migrated to sialkot district after 19-71-72-Bk and returned back in 1947 and thereafter they retained their status as permanent resident of the State by virtue of Notification of His Highness dated 27-6-1932 No. 13/L/1989.