RANO DEVI Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The present petition has been preferred against the order passed by the Special Tribunal dated 20.02.2013, whereby while exercising revisional powers in terms of Section 21(2) of the Jammu and Kashmir Agrarian Reforms Act, 1976 (in short Act), the Tribunal has directed the Appellate Authority to adjudicate the appeal afresh, keeping in view the provisions of Rule 52 of the Jammu and Kashmir Agrarian Reforms Rules, 1977 (in short Rules).

(2.) Briefly stated, the material facts are as under:-

(3.) An appeal came to be preferred by the respondents before the Joint Commissioner, Agrarian Reforms, Jammu on 16.08.2007 under Section 21(1) of the Act, against mutation No.480 dated 16.11.1998 in regard to land measuring 06 kanals 01 marla in Survey No. 385, situate in Village Salmeri, Tehsil Samba. In terms of Section 21, the period fixed for filing an appeal ordinarily is 60 days. The aforesaid appeal was, therefore, barred by limitation. Since the appeal was filed beyond the period prescribed, an application for condonation of delay was also filed, which was considered by the Appellate Authority but not finding sufficient cause therein, dismissed the application and consequently the appeal.