AKHTARA Vs. STATE OF J&K

JUDGEMENT

(1.) INVOKING powers of revision under section 15 of Land Revenue Act, learned Financial Commissioner has set aside two mutations, one bearing no. 2855 dated 25.03.1999 and another no. 2853 dated 09.12.1999. Two revision petitions against the said two mutations were instituted on 10.07.2002.

(2.) THE counsel for the petitioner would contend that both the revisions were barred by limitation should have been dismissed as such as warranted under Section 3 of the Limitation Act. Instead, Financial Commissioner has held that the issue of limitation is irrelevant. Though mutations admittedly have been attested at the back of the respondents but they had the knowledge which they had gained while pursuing the case pending in the Court of Munsiff, Chadoora, petitioner has sought issuance of writ of certiorari for quashing the order of learned Financial Commissioner.

(3.) COUNSEL appearing for the Respondents 2 to 6 contended that no period of limitation is prescribed for filing the revision. Power vested with Financial Commissioner has an object of undoing the wrong so as to bring record in tune with the factual requirements. In support of his contention, learned counsel has relied on the judgments of this Court being reported in 2005 (II) SLJ 716, 2001 SLJ 86, 2003 (II) SLJ 509 and 2005 SLJ 767.