CUSTODIAN GENERAL Vs. J AND K SPL TRIBUNAL

JUDGEMENT

(1.) The present petition has been filed by the petitioner - Custodian General, Evacuee Property being a statutory authority appointed under Sec. 3-(A) of the J&K Evacuee's Administration of Property Act which has the administrative quasi-judicial powers defined under the said Act which inter-alia include the powers as an Appellate and Revisional Authority.

(2.) The present writ petition raises important legal questions of law and also questions of general importance pertaining to the cases under the Evacuees Property Act and the petitioner, through the medium of the present writ petition, has challenged an order dtd. 23/4/2008 passed by the learned J&K Special Tribunal, Jammu, whereby the Tribunal while entertaining the revision petition against the order dtd. 10/4/2008 passed by the Custodian General, Evacuee under Sec. 30(1-b) of the J&K State Evacuees (Administration of Property Act) Samvat 2006, and while accepting the same, directed the Custodian General to issue fresh notice to the parties and pass a fresh order on merits after hearing them.

(3.) The following questions of law arise in the present petition: