CHAJJU Vs. REVENUE MINISTER, J&K

JUDGEMENT

(1.) THIS is an application against an order passed by the Revenue Minister dated 1 -2 -66 acting under a (6) of S. 30 of the Big Landed Estates Abolition Act. 2007 (hereinafter to be referred to as the Act). The facts out of which the petition arises may be briefly stated as follows: -

(2.) THE petitioners filed an application before the revenue authorities challenging mutation No. 91 dated 29 -10 -2010 by which the land in dispute had been transferred to the non -applicants as tillers of the soil. The application was rejected by the mutation officer and also by the learned commissioner and thereafter the petitioners filed a revision before the Financial Commissioner. The Financial Commissioner after going through the record and after taking the statement of the Patwari, came to a finding of fact that as the petitioners were in possession of the land during the Kharif year 2007 (Bikrami), they should be mutated as tillers of the soil. The Financial Commissioner accordingly accepted the application of the petitioners and set aside the orders of the court below and held that the petitioners had proved their ownership rights as tillers of the soil. Against this the respondents went up in revision to the Government under cl. (6) of S. 30 of the Act and the Revenue Minister by his order which is impugned in this case remanded the case for a fresh local inquiry by the Tehsildar.

(3.) IN support of the rule Mr. Bhalgotra raised a short point. He submitted that under cl. (6) of S. 30 of the Act it was not open to the Government to entertain any revision against the order of the Financial Commissioner unless the case involved a substantial question of law or a question of public interest. In the instant case the case was concluded by findings of fact and therefore the Revenue Minister had no jurisdiction to reverse the decision of the Financial Commissioner.