SYED REHAN Vs. CUSTODIAN EVACUEE PROPERTY

JUDGEMENT

(1.) The impugned order dtd. 3/11/2021 has been passed by the Custodian Evacuee Property, Kashmir, Srinagar whereby the Custodian has rejected the application of one of the petitioners made on 5/8/2021 for mutation of the evacuee property which was earlier allotted in favour of deceased Zohra Haroon. The order impugned has been passed on the application of the petitioners and therefore the plea of the petitioners that the application was decided in violation of principle of natural justice is not available to the petitioners. That apart, all questions of fact and law can be seen by the Appellate Authority i.e., the Custodian General, who, in terms of Sec. 30 of the Jammu and Kashmir State Evacuees (Administration of Property) Act, 2006 is empowered to hear the appeals against the original or appellate order passed by the Custodian, an Additional Custodian or an authorized Deputy Custodian. Similarly, under Sec. 30A, the J&K Special Tribunal is competent authority to hear the revisions against any order passed by Custodian General or the Custodian in any proceedings under the Act.

(2.) In view of the mechanism for redressal of grievance provided under the Act, there is no reason or justification to entertain this petition.

(3.) None of the exceptions carved out by the Supreme Court for entertaining the writ petition even in the presence of availability of alternative remedy are made out in this petition.