DHANI Vs. REVENUE MINISTER, J&K

JUDGEMENT

(1.) NOTICES issued to respondents 2 to 5 by publication in the newspaper published on May 3, 1985. Despite service by publication, none of them were present; hence they were set exparte by the order of this Court on August 8, 1985.

(2.) THE Letters Patent Appeal is directed against the judgment in Writ Petition No. 16 of 1972 dismissing the writ petition of the appellant herein on November 27, 1978.

(3.) WE are not called upon to decide whether the learned Single Judge acted in accordance with the provisions of the Constitution of India read with Section 103 of the State Constitution to dispose of the writ petition on merits, despite absence of the appellant or her counsel on the date when the petition was heard. Learned counsel for the appellant mainly concentrated his arguments on two points, firstly because the learned Single Judge has not taken into account, which was apparent from the order impugned in the writ petition that the appellant was not a party before the Revenue Minister and therefore, dismissing the petition on the ground of laches is not in accordance with law and the principles of natural justice. Secondh7 because even on merits the Revenue -Minister -Respondent No. 1 acted beyond jurisdiction in disturbing the findings of fact with respect to the land in dispute, which on facts was found by the Financial Commissioner as Orchard, hence the order impugned in the writ petition is liable to be set aside as the Revenue Minister had no such jurisdiction so as to disturb the findings of fact in revision. Learned Chief Government Advocate in reply contesting the appeal submitted that the petition has been rightly dismissed by the learned Single Judge and the appellant had no case on any of the two points noted above.