BUTI RAM Vs. KIRPAL SINGH

JUDGEMENT

(1.) The facts giving rise to the filing of this Petition may be stated thus:

(2.) Aggrieved by the Mutation, the Petitioner-Buti Ram, the allottee of the land, filed an Appeal before the Sub Divisional Magistrate, R.S. Pura, who found that the learned Tehsildar had erred in attesting the Mutation, in that, he had not followed the mandatory provisions of Standing Order No. 23-A before attesting the Mutation. It was further found that the principles of Natural Justice had been violated as Kirpal Singh was not heard by him before attestation of the Mutation. The Jammu and Kashmir Special Tribunal set aside the Sub Divisional Magistrate s order on Kirpal Singh s Revision holding that the order was passed by the learned Sub Divisional Magistrate hurriedly and without affording opportunity of hearing to the opposite party.

(3.) The Petitioner-Buti Ram has approached this Court questioning the Special Tribunal s order, inter alia, urging that the Tribunal had no jurisdiction to exercise Revisional jurisdiction against orders passed under the Land Revenue Act and the Respondent s Revision before the Tribunal was, therefore, incompetent.