STATE OF J&K Vs. BASHIR AHMED SHEIKH

JUDGEMENT

(1.) FACTS of the case being peculiar, a detailed narration is necessary. The Government in the Revenue Department, issued Order No. 250 -GR(S) of 1990 dated 21.12.90 directing that settlement operation be taken up in the Tehsils of Anantnag, Pulwama, Chadoora, Srinagar, Leh and Kargil of Kashmir division besides a few tehsils in Jammu Division. Since some additional man power was required to take up the assessment, therefore. Settlement Officers were allowed to engage Chairmen on payment of daily wages. Accordingly, the Financial Commissioner (R) vide order dated 19 -3 -1992 had constituted a committe under the chairmanship of Asstt. Commissioner (R) for the engagement of Chairmen. He had also issued necessary guidelines as to who and in what manner such persons should be selected. Subsequently, it came to the notice of the Financial Commissioner that these guidelines have been violated. So, by order dated 16.2.93, he issued fresh guidelines and also directed termination of those already engaged. However, even before this, the Assistant Commissioner (R) (Settlement Pulwama) had by orders dated 25.6.92 and 14.7.92 canceled the engagement of Chairmen in District Pulwama, who had been engaged vide order dated 15.5.92 issued by the Chairman, Settlement, Appointing Board, Pulwama and the Tehsildar settlement Pulwama

(2.) THE aforesaid orders of cancellation of engagement were challenged in a suit for declaration and permanent injunction filed by 108 persons in the court of District Judge, Pulwama. The plaint bears the date of verification as 19 -08 -1992 but it does not bear the date of its presentation in the court.

(3.) HOWEVER , the learned District Judge, Pulwama (Shri Abdul Rehman Bhat) passed an order dated 19 -08 -1992, dispensing with notice under Section 80 of CPC and directing registration of the suit. On 20 -08 -1992, the Tehsildar (Settlement), Pulwama -defendant -4 appeared in the court and appears to have informed it about the pendency of the writ petition in Srinagar Bench of this court Consequently, the learned District Judge passed the following order: -