SHANKUTLA DEVI & ORS Vs. MADAN LAL

JUDGEMENT

(1.) In this revision petition order dated 19.4.2003 passed by Additional Deputy Commissioner with powers of Commissioner Agrarian Reforms, Rajouri has been sought to be set aside on the grounds mentioned in the petition.

(2.) Facts of the case as discernible from record are land under Khasra number 148,150 and 291 situated in village Dodasan pain Tehsil Thanamandi, was in ownership right of Isher Dass and Ors. and cultivated by tenant Prithvi Raj and Madan Lai ss/o Jagat Ram. Prithvi Raj was not traceable after the communal riots took place in Rajouri on partition of the Country. So the land to the extent of his share was declared as evacuee land. At that time respondent Madan Lai was minor and was being looked after by his mother who married the father of the petitioners, Badri Nath.

(3.) According to the revision petition the land belonging to the respondent was cultivated by deceased Badri Nath. When Agrarian Reforms Act was enforced the mutations under Sections 4 and 8 of the said Act came to be attested in favour of Badri Nath, which were challenged by respondent before Joint Agrarian Reforms Commissioner Jammu who set aside the same by his order dated 25.4.1989 and remanded the case to Assistant Commissioner( with powers of Collector Agrarian Reforms) Rajouri. The order of remand was challenged by Badri Nath before this Tribunal by filing a revision petition which was dismissed on 5.3.1991. There after said Badri Nath filed a writ petition in the Honourable High Court against the order of this Tribunal which was too dismissed on 25.2.1993.