AHALI MANHASSAN Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) CALLING in question Financial Commissioner, Jammu and Kashmir, Jammus order of November 23, 2006 setting aside Settlement Commissioner, Jammu and Kashmir, Jammus order of August 12, 2005 whereby allowing petitioners appeal, he had set aside Director Land Records, (Settlement Officer) Jammus order of November 30,2004 directing the petitioner to approach the Civil Court to seek adjudication of its rights vis -a -vis the entries appearing in Record of Rights pertaining to the year 1998 -1999 in respect of Shamilat land measuring 114 kanals 19 marlas, MANHAS COMMUNITY, the petitioner, has invoked this Courts extra ordinary civil writ jurisdiction seeking quashing of Financial Commissioners order and issuance of a direction to Tehsildar Settlement, Jammu to rectify the entries appearing in the Record of Rights, which are claimed, to be fraudulent.

(2.) PETITIONERS learned counsel, Sh. Goja submits that the Financial Commissioner had misconstrued the provisions of Section 32 of the Jammu and Kashmir Land Revenue Act, 1996 (1939 A.D.), in holding that petitioner community had approached wrong forum of the Settlement Officer (Director Land Records) Jammu for redressal of its grievance. The Settlement Commissioner, according to the counsel, was right in directing Deputy Commissioner to decide petitioners application without taking into account the period of limitation prescribed under Section 32 of the Jammu and Kashmir Land Revenue Act.

(3.) PER contra, S/Sh S.K. Anand and A.H. Qazi submitted that Settlement Commissioners order had rightly been set aside by the Financial Commissioner, in that, in the absence of any suit seeking a declaratory decree for correction of Record of Rights, the Settlement Commissioner was not justified in permitting conversion of petitioners application into a suit for its trial by the Deputy Commissioner, additionally because the suit was barred by time.