ASHMI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) BY the medium of this writ petition, petitioner has prayed for quashment of the orders dated 19th of May, 1994 passed by Joint Agrarian Commissioner -annexure P3 and order dated 30th December, 1996 passed by J&K Special Tribunal, Srinagar -annexure P4, on the grounds taken in the writ petition.

(2.) IT is necessary to notice the brief facts of the case, as given by the petitioners in the writ petition herein:

(3.) IT appears that one Assad Wani -tenant purchased a parcel of land measuring 3 kanals 14 marlas from one Subhan Bhat -landlord in terms of sale deed dated 31st March, 1958 registered on 13th of April, 1958. Ramzan Bhat pre -empted the sale deed by filing a suit. Ultimately suit came to be decreed by the court of first instant -First Appellate Court and this Court in Second Appeal. During pendency of the lis, Agrarian Reforms Act, 1976, for short the Act, came into force. Assad Wani filed an application under Section 19 of the Act before Collector -came to be rejected vide order dated 21st of January, 1989. Feeling aggrieved, Assad Wani preferred an appeal against the order dated 21st January, 1989 passed by Assistant Collector under the Act, Budgam. Joint Agrarian Commissioner after hearing the parties allowed the appeal vide order dated 19th of May, 1994 and set -aside the order of the Assistant Commissioner (Collector) dated 21st of January, 1989 and allowed the application of Assad Wani. It is profitable to reproduce the operative part of the judgment herein: