LAWS(J&K)-2017-8-129

THORU RAM Vs. STATE AND OTHERS

Decided On August 23, 2017
THORU RAM Appellant
V/S
STATE AND OTHERS Respondents

JUDGEMENT

(1.) In this intra court appeal, the appellant has assailed the validity of the order dated 20.11.2012 passed by the learned Single Judge by which the writ petition preferred by the appellant has been dismissed.

(2.) Facts giving rise to the filing of this appeal briefly stated are that one Thoru Ram filed an appeal before the Joint Financial Commissioner, Jammu with powers of Commissioner, Agrarian Reforms against the order dated 28.08.1981. The aforesaid appeal was registered on 14.03.1986. The appellant passed away during the pendency of the appeal. Learned counsel for the appellant sought time to file an application bringing on record the legal representatives of the deceased appellant. However, no application was filed for a period of two years. The appellate authority thereupon by order dated 05.03.1996 dismissed the appeal as abated.

(3.) Thereupon a revision was filed against the aforesaid order before the Special Tribunal which rejected the same on the ground that the application for bringing on record the legal representatives on record was not filed within a prescribed time limit. Being aggrieved, the legal representatives of the deceased appellant approached this Court by filing the writ petition. The learned single Judge vide order dated 20.11.2012 dismissed the writ petition on the ground that no application for bringing on record the legal representatives was made before the appellate authority within the prescribed time limit. In the aforesaid factual background, this intra court appeal has been filed.