DINA AND ORS. Vs. TIRLOK SINGH AND ORS.

JUDGEMENT

(1.) The dispute between the parties, giving rise to this Letters Patent Appeal, revolves around the Assistant Commissioner Udhampur's order dated 19.07.1990 on Mutation No. 1753, whereby, land measuring 12 kanals comprised in Khasra No. 651/min situated at village Mand Tehsil Udhampur was declared as State Land, for violation of the provisions of Section 13 of the Jammu and Kashmir Agrarian Reforms Act, 1976, hereinafter to be referred to as "the Act" for short.

(2.) The Jammu and Kashmir Special Tribunal Jammu, hearing respondent Tirlok Singh's Revision Petition, upset the impugned Assisstant Commissioner's Original and the Director Land Record's appellate order, holding that the provisions of the Act being in-applicable to the land in question, recorded as Gair Mumkin Parat, the orders of the Assistant Commissioner and the Director Land Records with powers of the Commissioner under the Act were un-sustainable, being without jurisdiction.

(3.) Upholding the Tribunal's order, a learned Single Judge of this Court, dismissed the appellants' writ petition, aggrieved whereby they have filed this appeal seeking setting aside of the orders passed by the learned Single Judge and the Jammu and Kashmir Special Tribunal.