RAJINDER SINGH Vs. FINANCIAL COMMISSIONER, J&K

JUDGEMENT

(1.) Petitioner seeks a writ of certiorari quashing order impugned dated 21.02.2017 passed by Financial Commissioner (Revenue)/Agrarian Reforms Commissioner, J&K, Jammu in File No. 416/FC-AP/2015 titled "Yoginder Singh Vs. Rajinder Singh and another".

(2.) The facts in brief are narrated as follows. The petitioner and respondent No.2 are the co-sharers in joint Khewat covering Khasra Nos. 53, 248 and 249. The controversy between the petitioner and respondent No.2 relates to change in Girdawari entry of land measuring 09 Kanals 10 Marlas falling under Khasra No. 53, situated at Village Sangrampur Tehsil Akhnoor. It is alleged by the petitioner that village Patwari changed the entry "khud Rajinder Singh Hissedar Bajawa Tabadla hamra number khasra" in Khasra No. 53 and similarly to Khasra No.248 and 249 in the name of other co-sharer and the same entry is continuously entered on each inspection conducted thereafter. It is contended that an application was moved by the respondent No.1 herein before Tehsildar, Akhnoor in March, 2009 for correction of girdawari entries which was not considered by the aforesaid authority and respondent No.1 submitted another application before the Deputy Commissioner, Jammu praying therein that the Tehsildar Akhnoor had not decided the issue put-forth before him and resultantly, the Deputy Commissioner, Jammu on 31.03.2010 transferred the application of the respondent No.1 to Sub Divisional Magistrate, Akhnoor for consideration. On the said application, Sub Divisional Magistrate, Akhnoor fixed the case for spot inspection and enquiry on 29.09.2010 but the respondent No.1 did not associate with the process of spot inspection. It is alleged that respondent No.1 had also filed another case with regard to same land before the Settlement Officer with the powers of Collector, Agrarian Reforms by filing application on 21.10.2010 for withdrawal of his earlier application filed before Sub Divisional Magistrate, Akhnoor. The Sub Divisional Magistrate, Akhnoor completed the enquiry and also the spot inspection in presence of the petitioner and other responsible persons of the village and had given its finding on 30.10.2010 observing therein that the subject land measuring 9 Kanals and 10 Marlas was being cultivated by Rajinder Singh as share holder in the land right from 1986 and rejected the application of the respondent No.1. The Assistant Settlement Officer examined the application dated 21.10.2010 filed by respondent No.1 and heard the parties. On 05.06.2012 returned his finding stating therein that the respondent No.1 had failed to convince the court on maintainability issue and as such, dismissed the application of the respondent No.1 vide order dated 05.06.2012. Respondent No.1 had also filed revision petition against the order dated 30.10.2010 of Sub Divisional Magistrate, Akhnoor before the Additional Commissioner, (with the powers of Divisional Commissioner) Jammu which petition of the respondent No.1 was dismissed by the aforesaid authority by passing a speaking order dated 27.05.2015. Against the order dated 27.05.2015, respondent No.2 filed second revision petition bearing File No.416/FC-AP/2015 dated 26.08.2015 before the Financial Commissioner (Revenue)/ Agrarian Reforms Commissioner, J&K, Jammu and the Financial Commissioner, Revenue J&K, Jammu after hearing the parties decided the matter vide order dated 21.02.2017 by setting aside the order dated 27.05.2015 passed by Additional Commissioner, Jammu along with the entry recorded in favour of the petitioner in Kharif 1986. The Financial Commissioner, Revenue, Jammu also remanded the matter to Sub Divisional Magistrate, Akhnoor for passing appropriate orders after following the proper procedure laid down on the subject.

(3.) Feeling aggrieved of order dated 21.07.2017 passed by Financial Commissioner (Revenue)/Agrarian Reforms Commissioner, J&K, Jammu, petitioner has filed the instant petition on the strength of grounds set out therein.