The impugned mutation was found to be violative of rule 14(2) of Agrarian Reforms rule 1997 and principles of natural justice, leading to the partial allowance of the appeal.

1. This Revision has been directed against the impugned order dated 14-03-2009 passed by respondent No. 11 by virtue of which, court below has remanded the case to collector agrarian for holding fresh inquiry. The concluding Para of order reads as under:-

"In view of whatever discussed above, it is apparently clear that impugned mutation attested by Asst. Commissioner (Collector Agr. Ref) Jammu is violative of rule 14(2) of AGr. Ref Rules 1977 and principles of natural justices because the appellants have not been afforded opportunity of being heard by the mutating officer while attesting the impugned mutation. The impugned mutation is therefore bad in the eyes of law and the same cannot be allowed to sustain. The appeal is there fore partly accepted to the extent it affects the legitimate rights of the appellants over the land in question if any and the impugned mutation is set aside to that extent only. The appeal is rejected to the extent it affects the legitimate rights of respondents over the land in question if any and the impugned mutation is protected to the extent only. The case is remanded to Assistant Commissioner Rev (Collector Agr. Ref) Jammu for holding afresh enquiry and passed a lawful order in the presence of prominent persons of the locality and ex-owners after affording reasonable opportunities of being heard to both the parties and by taking into consideration the legal as well as factual aspects of the case with special reference to SRO 133 of 1989 to avoid further scope of litigation. It is further order that Assistant Commissioner Rev (Collector AGr. Ref) Jammu will give definite findings while passing lawful orders and will also ensure that legitimate rights of both the parties over the land in question if any shall not be disturbed in any manner whatsoever in the interest of Justice and fair play unless found contrary. The appeal case is accordingly disposed of. Interim orders if any shall stand vacated. No orders as to costs. The parties are directed to appear before the Assistant Commissioner Rev (Collector Agr. Ref) Jammu on 6-4-2009 along with documentary proof if any in support of their claims. A copy of the order shall go to Assistant Commissioner Rev (Collector Agr.Ref) Jammu for further lawful action in the matter as directed above. The file shall be consigned to records after due completion. Order announced in the presence of both the parties.

Dt: 14-3-09

Sd/-

Director Land Record

(with powers of commissioner Agr. Ref) Jammu

2. Petitioners have challenged the order impugned on the grounds that, observation of court below is not according to Agrarian Reforms Act 1976. That order is against facts, law and is not according to direction passed by Special Tribunal vide its order dated 12-05-08. That order passed by the court below is self contradictory and has been in very casual manner

3. Facts necessary for deciding the matter are that, Petitioners and Performa respondents herein, filed appeals before commissioner agrarian, against order of Agrarian Reforms collector (A.C.R), Jammu, who passed order of correction of Girdawari entry from 1971, with regard to land under Kh. 2407 min measuring 64 kanals situated at Village Kote Tehsil Jammu of 1993, through mutation no 3310 dated 30-10-1993, in favour of Mohammad Hussain, Mohammad Yusuf, Rehmat Ali and Ahmad Din Sons of Bhag Ali Gujjar Jammu. By virtue of this order right of prospective ownership of land were conferred.

4. Petitioners herein, being aggrieved of this mutation filed the appeal before Director Land Record Jammu (with power of agrarian reform commissioner) on 20-1-1999 on various grounds, including that they are in possession of land,along with one Bhag ali respondent in appeal,which is Banjer Kadim land. That,they were not heard and order has been passed in violation of rule 14A of agrarian reform act. An appeal against order of mutation no. 3921 dt. 22.3.1994 under section 8 of agrarian reform act was also filed.

5. DLR with power of agrar

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