INTIZAMIA COMMITTEE Vs. STATE AND ORS.

JUDGEMENT

(1.) IN revision 84 of 1996 against the order dated 13.11.1996 of Divisional Commissioner Kashmir in appeal No. 130/92, while upholding the order of Divisional Commissioner of setting aside order of Dy.Commissioner/Collector Budgam of allotment of 5 marlas of land in Khasra No. 348 situated at Baghat Barzulla in favour of Ab. Rashid Rather, respondent No. 6, the Financial Commissioner dismissed the revision on 26.10.1997 with the observation : - -

(2.) THIS observation read as direction in the order of revision of Financial Commissioner is challenged in this petition and is prayed to be quashed and further respondents 5 & 6 (allottees, of 5 marlas of land to each of the two respondents) are solicited to hand over vacant possession of the land to petitioner and for the purpose writ of mandamus, is prayed for.

(3.) LEARNED Counsel for the petitioners submit that once Financial Commissioner like Divisional Commissioner found the orders of allotment of land to respondents bad in law, the Financial Commissioner has no powers to direct the Dy. Commissioner to initiate the process for regularisation of possession of the land to petitioners on payment of assessed compensation. Both respondents have been allotted land on the premises that they qualify for such allotment under 20 Point programme. Once the Financial Commissioner found it not so and set aside the order of Dy. Commissioner Badgam in allotting the land to respondents on the premises of their cases not falling within the sweep of the scheme and the matter not covered by J&K Common Lands Regulations Act 1956 and Agrarian Reforms Act not applicable, the only option with Financial Commissioner was to confirm the order under appeal, which the Financial Commissioner did without while issuing any further directions in the matter.