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1959 Supreme(J&K) 22

K.V.GOPALAKRISHNAN NAIR
Nand Lal – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Girdhari Lal Dogra

This is a petition for a writ of cer-tiorari or Mandamus and also for any other writ, direction or order that may be deemed proper by the Court.

(2) The main allegation of the petitioners is that they had filed a revision to the Revenue Commissioner at Jammu against the order passed in appeal by the Collector at Jammu confirming the orders of the Tehsildar at Samba in relation to the declaration and mutation of Khasra No. 201 situated in Kalah Swankah Tehsil Samba as Kahcharai and of Khasra No. 175 as Khalsa Sarkar. On 22-5-1958 the Hevenue Commissioner passed an order for stay as prayed for by the petitioners pending the final disposal of the revision before him.

Subsequently, the Revenue Minister issued directions in July 1958 to the Revenue Commissioner to vacate the order of stay. In obedience to this direction the Revenue Commissioner vacated the stay order on 13-9-58. The Revenue Commissioner thus failed to act as an independent agent or to exercise his quasi-judicial functions as an independent Tribunal established under the Land Revenue Act. The petitioners, therefore, pray that the order cancelling the stay be quashed and the Revenue Commissioner be directed to proceed with































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