HARMINDER SINGH Vs. J&K SPECIAL TRIBUNAL & ORS.

JUDGEMENT

(1.) Tehsildar, Agrarian Reforms, Ramban passed an order on mutation no. 403 under Section 4 of the Agrarian Reforms Act, 1976 (for short the Act of 1976) on 3rd October, 1985, in respect of land measuring 8 Kanals covered by Survey no. 292/212/38 situated at village Tringla, Batote, District Ramban. Consequent to the order on mutation passed under Section 4, the order on mutation no. 407 under Section 8 of the Act of 1976 was passed on 15th October, 1985 declaring the petitioner to be the owner of the land in question.

(2.) Respondent nos. 2 & 3 filed statutory appeal against these orders, which were heard and decided by the Additional Deputy Commissioner, Ramban, who was having the power of Commissioner Agrarian Reforms, Ramban.

(3.) The Appellate Authority vide order dated 5th June, 2002 while setting-aside the impugned mutation orders, remanded the matter to Tehsildar, directing him to pass fresh orders after conducting enquiry on spot. The Appellate Authority while referring to the material on record made specific reference to extracts of Khasra Girdwari of Kharief 1971 in which respondent nos. 2 & 3 were recorded to be in self cultivation of the land in question. Other record showed petitioner to be in posses sion. In order to ascertain the actual facts, the matter was ordered to be remanded to Tehsildar, who was directed to conduct de novo enquiry on spot and pass the orders in accordance with law.