SANSAR CHAND Vs. SETTLEMENT OFFICER

JUDGEMENT

(1.) The point for consideration in this reference is as to whether under the provisions of the J. and K. Consolidation of Holdings Act, 1962, hereinafter to be referred to as 'the Act', all suits could be disposed of by the Authority under the said Act, once it was transferred to that Authority under section 5 of the Act irrespective of the nature of the dispute or disputes raised in the suit.

(2.) Under the provisions of the Act in terms of S.5, all suits for declaration of rights and interests over land, both proprietary and tenancy, etc., etc., were required to be transferred to the Consolidation Authority for disposal under and in accordance with the provisions of the Act and the Rules made thereunder. For the sake of facility S.5(b) is reproduced hereunder :

(3.) This question had arisen in the following manner: In suits based on right of prior purchase pending before a Civil Court an order u/s.5(b) of the Act was made by it and the suits were transferred to the Authority under the Act. The authority under the Act decided the suits finally, and passed decrees for right of prior purchase against the appellants herein. The appellants filed three writ petitions against the three decrees passed by the Authority under the Act against him. The three writ petitions came to be decided by a learned Single Judge of this Court on 17-11-1977 by a common judgment whereby he dismissed the writ petitions and held that the Authority under the Act had the jurisdiction to decree the suits based on right of prior purchase. Aggrieved by the order of the learned single Judge, the appellants filed these three Letters Patent Appeals in this Court. These are Nos.22, 24 and 25 of 1977. In all these three appeals a reference has been made by the Division Bench as stated above. We are required to consider in this reference the ambit and scope of S.5(b) of the Act and to consider as to whether the Authority under the Act can decide a dispute or disputes irrespective of its nature and what does the words for disposal under and in accordance with the provisions of this Act and the Rules made thereunder" connote.