S JASPAL SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONER is aggrieved of the judgment and order dated 17. 3. 2004 passed by Respondent No. 1 ( Financial Commissioner (R ), in file No: 256/fc-AP titled S. Jaspal Singh v. Mst. Isher kour, the judgment and order dated 9. 3. 2002 passed by the divisional Commissioner, Jammu in file No. Revision/199/2000 and judgment and order dated 26. 10. 1999 passed by respondent Dy. Commissioner, Poonch.

(2.) PETITIONER is in possession of the land under Khasra No. 668, 670, and 671 situated at Poonch Tehsil and District Haveli being a Refugee. It is alleged that respondent no. 5 got mutation order No. 1410 attested in her favour from Tehsildar, Haveli on fictitious grounds, at the back of the petitioner. The petitioner challenged the said mutation before Dy. Commissioner, Poonch in appeal. But the appeal was dismissed on the ground of limitation. A revision was filed before the Divisional Commissioner, Jammu against the order passed by Dy. Commissioner, Poonch in the capacity of Divisional Commissioner under the Land Revenue Act. Petitioner states that the Divisional Commissioner without recording any finding on the limitation recorded creptic finding holding respondent No. 5 as the allottee though there is no allotment order in her favour. A further revision was filed by the petitioner before the Financial Commissioner, Jammu which has been dismissed on the ground that Divisional Commissioner exercise the powers of Financial Commissioner under Cabinet order No. 578-C of 1954. Heard. I have considered the matter.

(3.) THE annexures placed on file would show that respondent Mst. Isher Kour has got the mutation ordered in her favour on the basis of an allotment made under Government Order no. 578-C of 1954. Copy of the said allotment order is not on file. Before proceeding further I find perusal of the said allotment order is required for the just and proper decision of the issues arising in the present petition.