ASHOK KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) FACTS of the case in brief are these. Tehsildar, Ramnagar by order dated 19 -10 -1992 passed in mutation No 615 of village Snal, Tehsil Ramnagar directed resumption of 56 Kanals of land in favour of respondents 5 to 8 under the Agrarian Reforms Act. This order was challenged before the Joint Commissioner, Agrarian Reforms in appeal by the petitioners herein which was dismissed on 14 -2 -1995 holding as under : - "The court has to act within the parameters of Agrarian Laws when in the remand order of the learned Financial Commissioner it has been clearly laid down that resumption had to be allowed and there is a statutory provision inserted in section 7 of the Agrarian Reforms Act 1976, the provisions of which are not enabling one but mandatory. The Tehsildar has therefore, rightly allowed resumption application which needs no interference by me when such right is given by the statute, it has to be exercised for the interest of the beneficiers."

(2.) THIS order was again challenged by the petitioners before the Special Tribunal in revision under section 21 (2) of the J&K Agrarian Reforms Act.

(3.) THE learned Member of the Tribunal dismissed the petition of revision holding that the petitioners have failed to substantiate their claim either before the Tehsildar or the Joint Commissioner Agrarian Reforms, who had concurrently found that the respondents were entitled to resumption of land.