ONKAR SINGH Vs. HIRANAND

JUDGEMENT

(1.) BY means of this petition, the petitioners are seeking the relief of issuance of a writ of certiorari for quashing the impugned order dated 15.2.1984 passed by respondent No.6, Financial Commissioner, upholding the orders of the respondents 4 and 5 and restoration of the order dated 28.7 -1979 passed by the respondent No.3, Tehsildar Kathua. The dispute involved herein is with regard to ten marlas of land under Khasra No 556 forming part of Abadi Deh land of Tarf Tajwal, Kathua, situated in Town Area Committee, Kathua. The claim of the petitioner is that he is holding the disputed land since prior to the enforcement of the Jammu and Kashmir Common Lands (Regulation) Act, 1956 (hereinafter referred to as the Act) and is one of the Maliks of the abadi Deh,

(2.) THE respondents 1 and 2 non -proprietors moved before the respondent. No. 3, Tehsildar Kathua for eviction of the petitioner from the land on the ground that the petitioners are the encroachers. The respondent No.3 vide its order dated 28.7.1979 returned a finding that the respondents 1 and 2 had no locus standi for seeking eviction as they are not the Maliks of the Abadi Deh land while the petitioners are the landlords in possession of the disputed property. The findings of the respondent No. 3 were challenged before the respondent No. 4 Deputy Commissioner, Kathua, who while up setting the finding came to the conclusion that the provisions of Section 11 of the Act read with Section 13 are applicable and the Town Area Committee is the rightful Manager of the land. The order dated 24.10.1980 of the Deputy Commissioner, Kathua was challenged in appeal before the respondent No.5, Director Land Records, who dismissed the appeal holding that the Common Land Act is not applicable and the petitioners are encroachers. The appellate order was challenged before the respondent No.6 in appeal, which was treated as revision. The respondent No.6 upheld the order of the respondents4 and 5 and dismissed the appeal. Landed in such situation the petitioners are seeking the quashment of the orders by means of the petition.

(3.) THE respondents 1,2 and 4 have filed the counter affidavits controverting the contentions and legal grounds set out by the petitioners in the petition. During the currency of the petition, Karnail Singh died on 4.8.1994 and his legal representatives have been brought on record in terms of order dated 12.1.1995 in CMP (W) No.5 of 1994.