FAYAZ AHMAD DAR Vs. COLLECTOR DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE petitioners filed a Suit before the Collector, Deputy Commissioner (DC), Baramulla, in terms of section 32 of the Land Revenue Act.

(2.) IT is submitted at the bar that without taking any action on the Suit of the petitioners, same was returned to them by the Collector, DC, Baramulla.

(3.) OBJECTIONS about maintainability of the Suit as also competence and jurisdiction of the respondent Collector, DC, Baramulla, to entertain and hear the same, can be raised before the said Authority by the private respondents. Even the respondent Collector, DC, Baramulla, without any objection being raised by the private respondents, can himself also look into the Suit and after affording opportunity of hearing to the learned counsel for the petitioners, return a finding about maintainability of the Suit or about his competence and jurisdiction to try and hear the same. The said respondent should not have returned the Suit without recording any order thereon. He (Collector, DC, Baramulla), is a Statutory Authority and has to perform his duties in accordance with the Statute.