SHAMSHER SINGH & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) Vide this judgment, we are deciding Letters Patent Appeal filed against the judgment dated 18.09.2001 rendered by the learned Single Judge in OWP No. 459/1999 which was filed by respondent No. 1 i.e. State, against order dated 04.01.1999 passed by respondent No. 2 i.e. J&K Special Tribunal, Jammu (hereinafter referred to as the 'Tribunal ') whereby the Tribunal while accepting report No. 207/ATJ dated 25.5.1987 of the Tehsildar Jammu allowed the revision petition and set aside order dated 29.04.1997 passed by the Financial Commissioner, J&K Jammu as also orders dated 19 Fagun 2009 and 11.03.1959 passed on mutation Nos. 67 and 53 respectively and directed necessary entries to be made in the revenue record.

(2.) Brief facts of the case leading to the filing of this Letters Patent Appeal are that orders were passed by the Tehsildar, Jammu dated 19 Fagun 2009 BK (March 1953) on mutation No. 67 and mutation No. 53 dated 11.03.1959 by virtue of which land comprising Khasra No 's. 52, 42, 68, 133, 17, 18 and 19, measuring 37 Kanals 7 Marlas situated in Village Channi Kamala, Tehsil Jammu was escheated to the State under the Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (BK) after extinguishing the rights of ownership of the proprietor of the said land i.e. Nahar Singh (Lambardar of the Village), father of Amar Singh, Kashmiroo S/o Ganga Singh and Baldev Singh S/o Khajan Singh.

(3.) After a lapse of about three decades and after Nahar Singh 's death, his son i.e. Amar Singh filed two revision petitions praying for setting aside orders of the Tehsildar, Jammu dated 19 Fagun 2009 BK (March 1953) on mutation No. 67 and mutation No. 53 dated 11.03.1959. The said revisions were transferred to the Director Land Records exercising the powers of Divisional Commissioner for disposal on 12.07.1986 who ordered both the revision petitions to be disposed of by a single judgment.