AZUM AFFANDI Vs. STATE OF J&K

JUDGEMENT

(1.) Respondents No.4 to 8 had filed a petition for restitution of mortgaged property i.e. land covered by survey Nos.548, 554, 550, 562. situated at Ichgam under Restitution of Mortgaged Properties Act, 1976, before Assistant Commissioner, Revenue, Budgam.

(2.) Late Mohammad Akram Afandi, father of petitioner No.1, 2 and respondent No.9, who was then alive and impleaded as non-applicant, had filed the objections projecting therein that the Assistant Commissioner has no jurisdiction to hear the matter under the Restitution of Mortgaged Properties Act, 1976. In terms of Sec. 4 of the said Act, the Collector has to be empowered by the Government as Chairman of Debt Conciliation Board under the Jammu and Kashmir Debtors Relief Act, 1976 or a Judicial Officer not below the rank of Subordinate Judge to act as Tribunal under the Act.

(3.) In view of the objection to jurisdiction, Collector Agrarian Reforms(Assistant Commissioner Revenue), Budgam, while taking up the matter for consideration on 9/5/2011 has observed that since it is pleaded that the Debt Conciliation Board appointed under the J&K Debtors Relief Act, 1976, is not in place, the petitioners cannot be deprived of justice, therefore, under Sec. 10 of the Agrarian Reforms Act, 1976, matter can be considered, as such, has directed the petitioners to re-draft the application under Sec. 10 of Agrarian Reforms Act, 1976 for restitution of mortgaged land.