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2006 Supreme(J&K) 272
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Mansoor Ahmad Mir, J.
Raja - Appellant
Versus
State & Ors. - Respondent
OWP No. 652/2003
Decided On : 14 November, 2006
Advocate For Appellant: J.A. Kawoosa
Advocate For Respondent: Nemo
Section 15 of the Land Revenue Act mandates that affected persons must be given an opportunity to be heard before their rights are affected by the reversal or modification of any order.
Headnote:
Land Revenue Act - Mutation of Inheritance - The court quashed the orders passed by the revenue officers due to a breach of Section 15 of the Land Revenue Act, which mandates giving affected persons an opportunity to be heard before reversing or modifying any proceeding or order affecting their rights.
Fact of the Case:
The mutation of inheritance was passed in favor of certain individuals, but the affected parties were condemned unheard. The revenue officers did not follow the procedure warranted under law.
Finding of the Court:
The court found that the orders passed by the revenue officers were in breach and violation of Section 15 of the Land Revenue Act, as they did not give the affected persons an opportunity to be heard.
Issues: The main issue was the breach of Section 15 of the Land Revenue Act, which mandates giving affected persons an opportunity to be heard before reversing or modifying any proceeding or order affecting their rights.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 15 of the Land Revenue Act, which requires that affected persons must be given an opportunity to be heard before their rights are affected by the reversal or modification of any order.
Final Decision: The court allowed the writ petition, quashed the impugned orders, and directed the Additional Commissioner to pass appropriate orders after hearing the parties and issuing notice to all interested/affected parties.
2. It is necessary to notice the facts of the case herein;
Gaffar Sheikh S/O Abdullah Sheikh R/O Haji, Sonawari passed away and accordingly a mutation of inheritance-mutation No.2087 dated 5th November, 1994 came to be passed in favour of Mst. Hajra as khana-nisheed daughter and and Raja and Habla as Khana-beerun daughters of Gaffar Sheikh whereby and whereunder two shares were recorded in favour of Hajra and one share each in favour of Raja and Habla. Feeling aggrieved of the said mutation order Mst. Hajra Khananishecn daughter filed a revision petition against the said mutation order before Additional Commissioner. Additional Commissioner made recommendation to Financial Commissioner to set aside the impugned order and for issuance of directions to attest the mutation of inheritance in favour of Mst. Hajra, khananisheen daughter in exclusion to Raja and Habla khanabeerun daughters vide order dated 31st October, 1996 and accordingly reference came up before Financial Commissioner and came to be accepted vide order dated 4th September, 2002.
3. It appears that writ petitioner and respondent No.5 were condemned unheard. Both the revenue officers have not followed the procedure warranted under law.
It is necessary to notice Section 15 of the Land Revenue Act, for short Act, herein:-
"15. Power to revise orders.................
[(4) The Financial Commissioner may, in any case called for by him under sub-section (1) or reported to him under sub-section (3), pass such order as he thinks fit:
Provided that, he shall not under this section pass an order reversing or modifying any proceeding or order of a subordinate officer affecting any question of right between private persons without giving those persons an opportunity of being heard.]
4. This provision of law mandates that when an order of a subordinate Revenue Officer is to be reversed or modified the affected person(s) are to be given an opportunity of being heard. Both the revenue officers have passed the orders in breach and violation of this provision of law and merit to be quashed.
5. Accordingly, the writ petition is allowed and both the impugned orders dated 31.10.1996 and 04.09.2002 passed Additional Commissioner and financial Commissioner respectively are hereby quashed. The revision petition shall come up before the Additional Commissioner, Kashmir on 1st December, 2006 with a direction to Additional Commissioner, Kashmir to pass appropriate orders warranted under law after hearing the parties. Before proceeding further, he is directed to issue notice to all interested/affected parties.
Registry is directed to send copy of this order to both the courts for information and compliance.
