CUSTODIAN EVACUEE PROPERTY, JAMMU Vs. J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) Impugned in this petition is an order dtd. 22/4/2015 passed by the J&K Special Tribunal, Jammu (for short 'the Tribunal') in a revision petition preferred by the private respondents against the petitioner herein.

(2.) Briefly stated the facts, relevant for the disposal of this petition, are that respondent No.2, a charitable Trust was allotted land measuring 20 kanals situate at village Sunjwan by the Custodian General on the basis of recommendations made by the Custodian Evacuees Property, Jammu. This allotment was made way back in the year 2013. It appears that a person, namely Mohd Sadiq made a complaint before the State Vigilance Commission, J&K, Jammu that the Department of Custodian Evacuee Property has allotted land measuring 20 kanals in favour of respondent No.2 on throw away prices. It further transpires that an enquiry was initiated by the State Vigilance Commission and the Department of Evacuee property, Jammu was put on notice.

(3.) On being confronted with the proceedings before the Vigilance Commission, the then Custodian General of its own motion reviewed order No. 279 of 2013 dtd. 4/6/2013 (allotment order) vide its order dtd. 16/2/2015. In terms of order dtd. 16/2/2015, the Custodian General cancelled the allotment made in favour of respondent No.2. This led respondent No.2 to question the order of Custodian General before the Tribunal. The Tribunal vide its order dtd. 22/4/2015 has accepted the revision petition and set aside the order of Custodian General dtd. 16/2/2015. It is this order passed by the Tribunal which is assailed in this petition.