DES RAJ Vs. MEMBER, SPECIAL TRIBUNAL (J&K)

JUDGEMENT

(1.) THE admitted facts of the case are that the petitioner was the allottee of evacuee land comprised in Survey No.112 measuring 16 kanals 1 Maria situate in village Thandi Kassi, Tehsil Rajouri which was de -notified by the Additional Custodian, Rajouri by order dated 23 -2 -1982. This order de -notifying the land was challenged in appeal by the petitioner which the Custodian General dismissed by order dated 28 -3 -1985. A review petition of Revision filed under Section 30 -A of the Evacuee (Administration of Property) Act (for short Evacuee Act) that came to be dismissed by the Special Tribunal on 3 -2 -1989.

(2.) THE order of Tribunal has been challenged primarily on the ground that the Tribunal failed to exercise jurisdiction in as much as the failure on the part of the Custodian General to decide the appeal in accordance with the provisions of O.XLT.17, as applicable to the proceedings under the Evacuee (Administration of Property) Act have been ignored. Mr. Bakshi appearing for the Petitioner argued that the Tribunal has failed to notice the mandate of Rule 278 (Rules framed under Evacuee Act).

(3.) MR . Sheikh having tried to justify this on the ground that the appeal could be decided on merits in absence of the appellant. He further contended that the Custodian General erred in deciding the appeal on merits, the petitioner has been heard before the petition of review was dismissed.