RAHIM SHAH Vs. J & K SPECIAL TRIBUNAL

JUDGEMENT

(1.) The order dtd. 17/4/2019 passed by the Jammu and Kashmir Special Tribunal, Srinagar has been impugned by filing the present petition. Vide aforesaid order, revision petition filed against the order dtd. 5/9/2018 passed by the Additional Deputy Commissioner, Kupwara, was dismissed.

(2.) Brief facts are that petitioners had challenged mutation No. 191 dtd. 15/1/1989 registered under Sec. 8 of the Jammu and Kashmir Agrarian Reforms Act, 1976, (for short 'the Act'), after a gap of 27 years. The application was filed on 31/7/2015. The Additional Deputy Commissioner, Kupwara, dismissed the application seeking condonation of delay. The order was upheld in revision by the Tribunal.

(3.) Learned counsel for the petitioners submitted that the Tribunal had gone wrong while opining that the revision filed by the petitioners was not maintainable. Sec. 21 (2) of the Act clearly provides that a final order passed by the Commissioner can be challenged before the Tribunal and there is no limitation provided there for. The aforesaid sec. also gives suo moto powers to the Tribunal to call for record of any case. He has further submitted that the aforesaid mutation was attested without notice to the petitioners. Hence, they did not have any knowledge thereof. Same could not be challenged immediately thereafter. The moment it came to the notice of the petitioners, they challenged the same. To buttress his case on merits reliance was placed on judgments of this Court in Baldev Raj vs. J&K Special Tribunal and ors, 2014 (3) JKJ 134 (HC), Harminder Singh vs. J&K Special Tribunal and ors, 2015(1) S.L.J 175 and Gh. Mohammad Dar and ors vs. State of J&K and ors, 2018(1) S.L.J 98.