AZIZI Vs. FATA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 9.8.2000 in file No. 103 of 2000 of Financial Commissioner Revenue where -under mutation 189 of Village Behama is annulled in revision after condoning the delay.

(2.) RESPONDENT mst. Fata filed a revision before settlement Commissioner against mutation 189 of village Behama of Tehsil Ganderbal, whereby her name was removed from revenue record. The revision was resisted by present writ petitioner, respondent before the Settlement Commissioner on the ground that the revision was time barred. However, the Settlement Commissioner overruled the objections and set the revision petition for hearing on merits.

(3.) THE order is challenged on the ground that the Financial Commissioner condoned a delay of over 60 years and has disposed of the main revision when only application was to be decided without giving the writ petitioner adequate opportunity of being heard. Provision of Section 15 of Land Revenue Act have been violated in as much as the mutation proceedings have been reversed without giving the effected person any opportunity of being heard. The Financial Commissioner has committed jurisdictional error in passing the order in question.