VED PARKASH Vs. SPECIAL TRIBUNAL JAMMU

JUDGEMENT

(1.) The facts of the case in brief are these. It appears, Respondent-Janak Raj had applied for correction of Annual Record (Girdawari) for the land measuring five marlas comprised under survey No. 1144/832 situated in Chann Rorian Tehsil Hiranagar to the Assistant Commissioner, Kathua. By order dated 5-9-1981, the Assistant Commissioner (Collector) Kathua found that as per copy of the Chowkidara and report of the Naib Tehsildar, Hiranagar, applicant Janak Raj, (respondent herein) was in continuous occupation of the land prior to Kharief 1971. He, therefore, directed that revenue record be corrected accordingly by entering him in possession and also restrained the petitioner Ved Parkash from interfering in the possession of Janak Raj-respondent. This order was challenged by the petitioner in appeal before Joint Financial Commissioner, Agrarian Reforms with powers of Commissioner under Agrarian Reforms Act. While allowing the appeal, the Commissioner, Agrarian Reforms held as under :-

(2.) This order was challenged by respondent-2 Janak Raj in revision before the Special Tribunal who allowed the revision and set aside the order for the following reasons

(3.) This order has been challenged by the petitioner on the ground that the Tribunal erred in holding that the Assistant Commissioner did not act as Collector Agrarian while passing the order impugned in appeal.