KESAR SINGH Vs. STATE

JUDGEMENT

(1.) PETITION claims to be the owner of land measuring 32kanals under Survey No. 126/37, situated in village Rajinani Tehsil Kathua. It appears that this land was in excess of the optimum ceilling fixed under the Agrarian Reforms Act and accordingly was encheated to the State vide mutation No. 73 of 1976 by the Tehsildar concerned. This order was assailed by respondent No. 3 in an appeal before the Agrarian Reforms Commissioner taking the plea that he was the tenant of the Land and was entitled to be declared the prospective owner. His appeal was rejected by order dated 01 -01 -1983 on the ground that the owner of the land (petitioner herein) had not testified this at the time, mutation was arrested.

(2.) RESPONDENT 3, 4 and 5 thereafter filed a revision petition before the Revenue Minister which was dismissed by order dated 15 -06 -1985. But while doing so, the Minister ordered recovery of an amount of Rs. 1,10,000/ - allegedly paid by respondent No. 3 to petitioner herein as arrears of land revenue and also imposed a fine of Rs.5000/ - each on both of the parties u/s 37 of the Act for being recovered as arrears of land revenue and further directed recovery of the possession of land in question to be put on superdnama of "some reasonable poor person".

(3.) PETITIONER is aggrieved of the direction given by the Revenue Minister seeking to recover Rs. 1,10,000/ - allegedly paid by respondent No.3 to petitioner and the penalty of Rs.5000/ -imposed on him. His case in short is that the Revenue Minister did not enjoy or possess any power under the provisions of Agrarian Reforms Act to order recovery of any money in a private transaction between the parties or to impose any fine for allegedly furnishing false information with a view to recover these as arrears of land revenue.