VISHWA MITTER Vs. BALBADHAR SINGH

JUDGEMENT

(1.) RENDERING its opinion on a reference made to it by a Single Bench of the Jammu and Kashmir Special Tribunal, a Full Bench of the Tribunal, had, taken the view, that land measuring 83 kanals situated in Village Hakkal Tehsil Jammu leased out by Dharam Singh to Hans Raj for purposes of a Dairy Farm, was outside the scope of the Jammu and Kashmir Agrarian Reforms Act, 1976. It had accordingly vide its order of January 2, 2008, referred the case back to Bench No. II for deciding the Revision, out of which the reference had arisen, on its merits.

(2.) OPINION rendered by Full Bench vide its order of January 2, 2008 has been questioned by the petitioners, the predecessors -in -interest of Hans Raj, in this writ petition.

(3.) RESPONDENT No.1s counsel Mr. R.S. Thakur questions the maintainability of petitioners writ petition saying that the Jammu and Kashmir Special Tribunal had yet to decide the case sent to it, on remand, by Honble Supreme Court of India, on merits, and in that view of the matter, ExtraOrdinary Civil Writ Jurisdiction of this Court cannot be invoked by the petitioners to question the opinion of the Full Bench.