ASHWANI KUMAR Vs. J AND K SPECIAL TRIBUNAL

JUDGEMENT

(1.) The petitioner namely, Ashwani Kumar through the medium of this writ petition has prayed for quashing order dated 4-10-1993 passed by respondent No. 1 herein in Revision Petition No. 819 titled Gh. Hussain and others v. Ashwani Kumar.The factual matrix of the case lies in a narrow compass and is set out as under:-

(2.) The petitioner herein had been in possession of the shop which stood constructed over Khasra No. 1555, situated in the town of Poonch. On 25-2-1991, respondent No. 3 herein issued notification under Section 6 of the Evacuee's (Administration of Property) Act, 2006 (hereinafter to be referred to as Act) declaring thereby the above said shop as "evacuee property" and vesting the same to him under the said Act. As a sequel of this notification, rent of rupees two hundred (vide receipt No. 2 S. No. 000136 dated 25-2-1991) was accepted by respondent No. 3.

(3.) Respondents No. 4 to 6 herein had challenged the said notification through writ petition No. 173 of 1991 but the same subsequently stood withdrawn.Thereafter, before the Custodian Evacuee Property, Jammu they filed an application under Section 8 of the Act whereby sought the restoration of the shop in their favour. The petitioner herein moved transfer application before respondent No. 2 herein for the transfer of the said application to some other competent forum. Simultaneously they invoked the revisional jurisdiction of respondent No. 2 herein by filing an application under Section 30 of the Act wherein the legality and the propriety of the proceedings initiated under Section 8 of the Act were challenged. Vide his order dated 3-2-1993, respondent No. 2 herein dismissed the said transfer application but allowed the revision petition. He (respondent No. 2) ordered the dropping of the proceedings under Section 8 of the Act.