BABU RAM AND ANOTHER Vs. J&K

JUDGEMENT

(1.) Since common question of law and facts arise for consideration in these intra court appeals, both the appeals are decided by this common order.

(2.) In both the appeals the appellant has assailed the validity of order dated 11.05.2007 passed by the learned Single Judge of this Court by which the writ petition preferred by respondent No.3 has been allowed. For facility of reference facts from LPAOW No.27/2007 are being referred to.

(3.) Land admeasuring 18 kanals and 01 marla situate in village Pouni Tehsil and District Reasi was declared as evacuee property in the year 1972 by the Custodian Evacuee Property and thereafter an order of allotment was made in favour of the appellant. The respondent No.3 filed an application in the year 1985 under Section 8 of the Jammu& Kashmir State Evacuees (Administration of Property) Act, Svt. 2006 (hereinafter to referred as "the Act of Svt. 2006) for deleting the name of the property from the register of evacuee properties. The appellant was arrayed as non-applicant in the aforesaid proceeding. The Custodian by order dated 29.11.1991 allowed the application directing deletion of the property from the register of the evacuee properties. The aforesaid order was challenged in an appeal before the Custodian General, which was dismissed by order dated 10.04.1995. Being aggrieved, the appellant approached the J &K Special Tribunal, Jammu by filing a revision, which was allowed by an order dated 21.08.1995 on the ground that the application which was filed by respondent No.3 under Section 8 of the Act, was not filed within the period of limitation and no explanation was offered for condonation of delay of 14 years in filing the aforesaid application. Being aggrieved, respondent No.3 assailed the aforesaid order in a writ petition, namely OWP No.655/1995. The learned Single Judge vide order dated 02.09.1998 dismissed the writ petition. However, the Division Bench of this Court vide order dated 12.08.2004 remanded the matter to the learned Single Judge for decision afresh.