MOHAMMAD ANWAR WANI Vs. STATE

JUDGEMENT

(1.) Petitioners on the strength of averments made in the petition, seek a writ of certiorari quashing order No. Dep-Sq/E/ 03/508 dated 15-7-2003 whereby Deputy Commissioner, Pulwama, - respondent No.2 herein, cancelled order of Collector Agrarian Reforms (Assistant Commissioner Revenue) according sanction to the exchange of Kahcharai land with/in lieu of proprietary land, of the petitioners. The background facts are as under:

(2.) The Deputy Commissioner, Pulwama, on acquiring knowledge about the exchange of kahcharai land with the proprietary land sanctioned, cancelled the orders so made by the Collector Agrarian Reforms (Assistant Commissioner, Revenue) Pulwama. The reasons for such action are spelt out in the order No. DEP-SQ/E/03/508-dated 15-7-2003 which reads as under : <FRM>JUDGEMENT_67_AIR(J&K)_2012_3.html</FRM>

(3.) The petitioners question that Dy. Commissioner Pulwama's order cancelling the orders made by Collector Agrarian Reforms (Assistant Commissioner Revenue) Pulwama on the grounds that Deputy Commissioner Pulwama lacked jurisdiction to pass the impugned order. It is pleaded that the impugned order has been made without notice to the petitioners and without affording the petitioners an opportunity of being heard. The writ petition is opposed on the grounds that the land offered by the petitioners in exchange of one kanal and ten marlas of kahcharai land comprising khasra No. 2049/3 Min situated at Khrew Tahsil Pampore, in their illegal occupation, comprising of two separate strips acquired by the petitioners under Sections 4 and 8 Agrarian Reforms Act, 1976, does not fall within section 26 of the Act. It is pointed out that section 26 of the Act deals with orchards and plantation areas and not the kahcharai land taken over for residential purposes. The Collector Agrarian Reforms (Assistant Commissioner Revenue) according to the respondents has no jurisdiction to pass an order under Section 26 of the Act for exchange of the land in question. The mutation order effected in consequence of the sanction granted by the Collector Agrarian Reforms (Assistant Commissioner Revenue) Pulwama, according to the respondents are void and of no legal effect. All other averments made in the petition are denied by the respondents.