MAKHAN SINGH Vs. AMAR NATH

JUDGEMENT

(1.) LPA on hand is directed against writ court judgment in writ petition titled Amarnath versus State of Jammu and Kashmir and Ors. ( OWP No.149/2001) dated 14th May 2004, whereby writ petition has been allowed, order of Jammu and Kashmir Special Tribunal dated 31stOctober 2000, set aside and order of Commissioner Agrarian Reforms (Appellate Authority) dated 22nd November 1983 restored.

(2.) First an overview look of background facts.

(3.) Shri Amar Nath appellant-herein, Makhan Singh-respondent no.5 and their uncle Ram Saran migrated to this part of the state in wake of partition in 1947. Being migrants from Pakistan Administered Kashmir, they were allotted a plot of land measuring 32 kanals comprising khasra No. 86, 122/37, 34,37 min situated at Kotli Galabana, Tehsil R. S. Pura in terms of Cabinet Order No. 578-C of 1954. Shri Ram Saran being eldest member of the family was declared as head of the family and allotment was made in his favour. The possesion of allotted land was handed over and they together cultivated the land till Ram Saran passed away in 1977.