CUSTODIAN GENERAL Vs. J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) A petition captioned 'Kartar Singh v. Dina Nath and ors', seeking restoration of possession of evacuee land, was filed before the Custodian, Jammu. Dina Nath and Nirmal Devi, the respondents in the said petition, filed an application seeking transfer of the case from the files of Custodian, Jammu, to any other competent court for its disposal on merits, before the Jammu and Kashmir Special Tribunal, Jammu (for short called the "Tribunal"). The Tribunal vide its order dt. Ist of June'07, allowed the said transfer application and directed the transfer of the case from Custodian, Jammu, to the Custodian General, Jammu, for its disposal under law. It was also provided that the Custodian General can assign the case and delegate powers to any officer in terms of Rule 4 and 4-A or any provision of the Evacuee (Administration of Property)Rules. It is this order, which is called in question in this petition on the ground that the Tribunal has no power to order for transfer of the case from the files of Custodian, Jammu, to the files of Custodian General, Jammu.

(2.) Learned counsel for the petitioner submitted that in terms of the Jammu and Kashmir Special Tribunal Act, 1988 (for short called the "Act of 1988"), no power has been conferred to the Tribunal for transferring a case from the files of one authority to another authority. Learned counsel submitted that the order impugned has been passed by the Tribunal without any authority and the same requires to be quashed.

(3.) Learned counsel for the respondents, while referring to Section 3 of the Act of 1988, read with Rule 2(g) of the Jammu and Kashmir Special Tribunal Rules, 1986 (here-in-after called the 'Rules of 1986), submitted that the Tribunal has the power and authority to entertain the transfer application and to order transfer of the case from the files of one authority to another authority. Learned counsel also submitted that in terms of Rule 23 of the Rules of 1986, the Tribunal has also the power to call for the record of subordinate courts/authorities of any case suo moto or on a petition filed by any party and this power can be exercised even for transfer of a case from the files of one authority to another authority. Section 2(b), 3 and 4 of the Act of 1988, Rule 2(g), and Rule 23 of the Rules of 1986 are taken note of: