CUSTODIAN GENERAL Vs. HASSAN DIN AND ORS.

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir is directed against order dated 26.05.2010, whereby learned Special Tribunal, Jammu in a revision petition filed by the respondents has set aside order/notice dated 01.04.2008 passed/issued by the Custodian General J & K Government under sub section (5) of section 30 of the J & K State Evacuees (Administration of Property) Act, Svt., 2006 (hereinafter for short, the E.P. Act).

(2.) FACTS leading to this petition have been stated in detail by the learned Tribunal in the impugned order, which I may, however, restate precisely:

(3.) THE respondents instead of appearing before the Custodian General, assailed order/notice dated 01.04.2008 passed/issued by him in a revision before the learned Special Tribunal, Jammu. They assailed the order, mainly, on the ground that the Custodian General has no jurisdiction to pass such order as the Custodian General cannot suo moto review order of his predecessor. Learned Special Tribunal allowed the revision and set aside order/notice dated 01.04.2008 taking the view that the Custodian General does not have suo moto power to review his own order as such power can be exercised only on an application by an aggrieved person.