SAGAR CHAND & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) Whether the provisions of Agrarian Reforms Act, 1976 (hereinafter referred to as Act of 1976) apply to the land allotted under Cabinet order No. 578-C of 1954 to the persons displaced from Pak Occupied Kashmir in the year 1947 is a pivotal question for adjudication.

(2.) The land covered by Survey No. 276/17 (16 kanals), 279/19 (6 kanals) and 281/20 (14 kanals 16 marlas) situated in village Muthi Jagir, Tehsil and District Kathua admittedly has been under possession and cultivation of the appellants (writ petitioners) on the crucial date of Kharif 1971. Mutation No. 220 under Section 4 of the Agrarian Reforms Act has been attested on 25.07.1981 where-under rights of respondent No. 3 (Harbhajan Singh) have been extinguished and the appellants (tillers) have been declared as prospective owners.

(3.) Against the said mutation No. 220, respondent No. 3 (Harbhajan Singh) filed appeal before the appellate authority under Agrarian Reforms Act (Additional Deputy Commissioner Kathua with powers of Commissioner Agrarian Reforms) on 16.05.2002, which has been decided vide detailed judgement dated 25.10.2004 holding therein that the provisions of Agrarian Reforms Act are applicable to the land in question, thus Mutation attested is in accordance with the law.