ZAFFAR AHMED Vs. UT OF J&K

JUDGEMENT

(1.) Petitioners through the medium of instant petition are aggrieved of order dtd. 15/12/2023 passed by the respondent No. 1, whereby transfer application filed by the petitioners regarding transfer of appeal titled, "Abdul Hussain Vs. Zaffar Ahmed and ors." from the Court of learned Additional Deputy Commissioner (with the powers of Commissioner Agrarian Reforms), Rajouri to any other Court of competent jurisdiction either in District Rajouri or at Jammu, was dismissed without providing an opportunity of being heard to the petitioners and also without appreciating the arguments projected by S.No. 51 1 the learned counsel for the petitioners as well the grounds taken by the petitioners in the said transfer application.

(2.) The case of the petitioners is that the respondent No. 3 had filed time barred appeals, challenging the mutation Nos. 68 and 69 dtd. 12/11/1981 with respect to land falling under Khasra Nos. 778/246 measuring 104 Kanals and 06 Marlas situated at Village Mangalnar, Tehsil Manjakote, District Rajouri after a long period of more than 42 years and the respondent No. 2 without examining the contents of the appeal filed by the respondent No. 3 had issued notices to the petitioners in time barred appeals on 4/4/2023 and that too without deciding the issue of delay and laches in the first instance. The further case of the petitioners is that no such application was accompanying the time barred appeals so filed and without deciding the question of limitation, the order could not have been passed by the Court below.

(3.) Learned counsel for the petitioners submits that the appeals, which have been filed by the respondent No. 3 were time barred and without condoning the delay in filing of the statutory appeals, the appellate authority, i.e., respondent No. 2 has acted without jurisdiction.