BAISAKHI RAM Vs. J&K SPL. TRIBUNAL AND OTHERS

JUDGEMENT

(1.) Through the medium of instant petition, petitioner is seeking writ in the nature of prohibition restraining and prohibiting respondent No.2 from proceeding in the matter of appeal titled Ram Ditta, Karam Chand alias Kama v. Baisakhi Ram; with a further prayer for issuance of writ of Certiorari quashing order dated 08.12.2014 as passed by respondent No.1 in File No.STJ/447/2013 on the grounds taken in it.

(2.) The facts of the case are that with the passing of order by the Assistant Custodian on 18.01.2005 some piece of land was regularized in favour of the petitioner. Aggrieved thereof, the respondents no.4 and 5 herein preferred a Revision against the said order before the Ld. Custodian, who decided the same on 28.02.2013 thereby dismissing the revision filed by the respondents no.4 and 5 herein. The respondents no.4 and 5 herein thereafter, preferred an appeal before the Ld. Custodian General who issued notice to the Petitioner herein on 06.06.2013 and directed the parties to maintain status quo. The Custodian General further issued an order on 19.08.2013 whereby he issued notice in the contempt application filed by the respondents no.4 and 5 herein against the petitioner.

(3.) Petitioner, aggrieved of orders dated 06.06.2013 and 19.08.2013 approached the J&K Special Tribunal, which however, dismissed the said revision by holding that both the orders were ex parte and the same would never divest the Court seized of the matter to decide the issue on merits. The J&K Special Tribunal further held that in the wake of the fact that the Custodian General was yet to determine the matter finally on its merits, as such, it had no reason to intervene against ad-interim ex parte orders and thus dismissed the revision holding the same to be not maintainable and directed the Court below i.e., the Custodian General, to proceed ahead with the matter and decide the same as per law.