SHEELAWANTI Vs. SPECIAL TRIBUNAL, J&K

JUDGEMENT

(1.) ORDER dated 26.12.2007 passed by J&K Special Tribunal in file No. STJ/210 is under challenge in both the petitions. Evacuee Property i.e. land measuring 09 kanals and 11 marlas covered by Survey No. 217 min situated at Village Mehmoodpur, Tehsil Bishnah is the bone of contention.

(2.) LAND in question was allotted in the name of Gagi Ram but subsequently on the death of Gagi Ram, land is stated to have been abandoned as a result thereof petitioner, Sheelawant has taken over the possession and claim to have been allotted the said land by the (Tehsildar) Assistant Custodian vide order of allotment dated 24.01.2001. The said order of allotment has been assailed by the medium of revision petition titled 'Darshan Kumar vs. Sheelawanti and ors., through Vijay Kumar, attorney holder, before the Custodian Evacuees Property. Petitioner simultaneously has succeeded in getting the mutation no.288 dated 20.04.2001 attested under Section 3 -A of Jammu & Kashmir Agrarian Reforms Act, 1976 (hereinafter for short referred to as the 'Ag. Act)

(3.) DURING the pendence of revision petition order/letter bearing No.605/2005 -06 dated 31.10.2005 has been addressed to Tehsildar (Assistant Custodian) Bishnah, conveying therein that the land in question be placed on proper Superdari of Field Inspector concerned till further orders to avoid its alienation/mis -appropriation. Letter has been issued from the office of Custodian (Provincial Rehabilitation Officer) Jammu. Again during the pendence of revision petition, one more application for grant of restraint order vis -a -vis raising of construction on the said land was considered by the Custodian and has passed the order dated 06.06.2007 directing therein that status -quo be maintained on spot till further orders. Both letter dated 31.10.2005 as well as order dated 06.06.2007 has been challenged before J&K Special Tribunal by the petitioner, Sheelawanti.