RAGHUBIR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Heard.

(2.) The case of the petitioner is that his father, namely, Lachman Singh was the co-sharer of his brothers, namely, IsherDass and Ram Singh being the co-sharer and co-owners over the land bearing Khasra No. 1421 Min (24 Kanal 07 Marla), Khasra No. 1422 (02 Kanals 02 Marlas), Khasra No. 1423 (05 Kanal 15 Marlas) and Khasra No. 1553 (08Kanal 10 Marlas) i.e., total land measuring 40 kanals 14 marlas situated at Bhalwal, Tehsil Bhalwal, District Jammu. IsherDass died issueless whereas Lachman Singh was survived by the petitioner and four brothers. Similarly Ram Singh was survived by Suram Singh and his three brothers and sisters. It is stated that the petitioner filed a petition under Sec. 27 of the Agrarian Reforms Act, 1976 before the Assistant Settlement Officer (Collector Agrarian Reforms), Jammu who after conducting a summary trial and after hearing the parties to the petition passed the eviction order vide its order dtd. 5/11/2012. Against the said order dtd. 5/11/2012, an appeal was preferred by Late Payare Lal Saraf and the Appellate court vide its order dtd. 24/1/2015 reversed the above said order dtd. 5/11/2012.Thereafter, the petitioner challenged the order of reversal before the Revisional Authority, i.e., J&K Special Tribunal, Jammu who vide its order dtd. 6/6/2018, set aside the order dtd. 24/1/2015 passed by Commissioner, Agrarian Reforms (Regional Director, Survey and Land Records-Ex-officio Settlement Officer), Jammu by holding that the order dtd. 5/11/2012, passed by Collector wasis in consonance with law. The sons of the Late Payare Lal Saraf being aggrieved of the above said order dtd. 6/6/2018 filed writ petition bearing OWP No. 11982018, titled,Ravish Trehan and others vs. J&K Special Tribunal and others, wherein this Court vide its order dtd. 26/7/2018 passed the following order-......Meanwhile as ad interim, subject to objections the physical status of the subject land shall not be changed and also no further interest in the land shall be created.

(3.) The petitioner is aggrieved of the order No. LegalJ2019OWP 119819358-60 dtd. 19/1/2019 issued by the respondent No. 3, whereby the respondent No. 4- Station House Officer, Kanachakhas been directed to ensure the implementation of order dtd. 26/7/2018 passed by this Court in OWP No. 1198/2018 titled, Ravish Trehan and others vs. J&K Special Tribunal and others.