1. Order dated 26.12.2007 passed by J&K Special Tribunal in file No. STJ/210 is under challenge in both the petitions. Evacuee Property i.e. land measuring 09 kanals and 11 marlas covered by Survey No. 217 min situated at Village Mehmoodpur, Tehsil Bishnah is the bone of contention.

2. Land in question was allotted in the name of Gagi Ram but subsequently on the death of Gagi Ram, land is stated to have been abandoned as a result thereof petitioner, Sheelawant has taken over the possession and claim to have been allotted the said land by the (Tehsildar) Assistant Custodian vide order of allotment dated 24.01.2001. The said order of allotment has been assailed by the medium of revision petition titled `Darshan Kumar vs. Sheelawanti and ors., through Vijay Kumar, attorney holder, before the Custodian Evacuees Property. Petitioner simultaneously has succeeded in getting the mutation no.288 dated 20.04.2001 attested under Section 3-A of Jammu & Kashmir Agrarian Reforms Act, 1976 (hereinafter for short referred to as the `Ag. Act)

3. During the pendence of revision petition order/letter bearing No.605/2005-06 dated 31.10.2005 has been addressed to Tehsildar (Assistant Custodian) Bishnah, conveying therein that the land in question be placed on proper Superdari of Field Inspector concerned till further orders to avoid its alienation/mis-appropriation. Letter has been issued from the office of Custodian (Provincial Rehabilitation Officer) Jammu. Again during the pendence of revision petition, one more application for grant of restraint order vis-a-vis raising of construction on the said land was considered by the Custodian and has passed the order dated 06.06.2007 directing therein that status-quo be maintained on spot till further orders. Both letter dated 31.10.2005 as well as order dated 06.06.2007 has been challenged before J&K Special Tribunal by the petitioner, Sheelawanti.

4. Learned Tribunal invoking powers under Section 30-A of the Evacuee (Administration of Property) Act, Svt. 2006 (hereinafter for short referred to as the `E Act) vide order dated 26.12.2007 after making certain observations has set aside both the orders directing Custodian concerned to pass appropriate orders without disturbing the rights of the parties.

5. Both the parties are aggrieved of the said order so Sheelawanti filed OWP No. 02/2008 whereas Darshan Kumar S/o Gagi Ram filed OWP No.224/2008. It is in view of this position both the petitions are taken together.

6. Contention of Mr. Raina, appearing counsel for petitioners is that the Custodian has no jurisdiction to entertain the controversy. The question of jurisdiction was specifically agitated before the J&K Special Tribunal which has been ignored and the case remanded back to the Custodian for passing appropriate orders. Further added that the mutation under Section 3 - A of the Ag. Act has been attested in favour of Sheelawanti, therefore, no action is warranted under the provisions of E Act.

7. According to Mr. Siddiqui, appearing counsel for respondents 3 & 4, the allotment of the land in favour of the Gagi Ram is subsisting subsequent order of allotment made by the (Tehsildar) Assistant Custodian concerned in favour of the Sheelawanti is totally without jurisdiction and Custodian was required to decide the question of validity of allotment made in favour of Sheelawanti. Further added that the attestation of mutation under Section 3-A of the Ag. Act is illegal, same is under challenge in appeal pending before Joint Agrarian Reforms Commissioner.

8. Confronted with the rival submission both the counsel prayed that the Custodian may be directed to decide the revision and also Joint Agrarian Reforms Commissioner be directed to decide the appeal as pending before them.

Considered.

9. The order impugned passed by Learned Tribunal is not proper as the main issue has remained to be addressed, therefore, does not survive so is set aside.

10. A displaced person (as the petitioner claims to be) in terms of ALLOTM

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