Maintainability of revision petition under the Agrarian Reforms Act

1. This revision petition is directed against the order dated 10-9-07, passed by Sub Divisional Magistrate R.S. Pura, by virtue of which, the mutation no. 178 with regard to land situated at Kolti Merdian Tehsil R.S.Pura District Jammu has been set aside.

2. Petitioners have challenged the impugned order on the grounds that, they are in physical possession of land and court below has passed order beyond jurisdiction. That court below has not properly seen the record. That court below has exercised jurisdiction which was not vested to him.

3. From the perusal of record it appears that, respondent filed a complaint before Sub-Divisional Magistrate RS.Pura regarding non-providing of possession of land by Custodian Department Jammu in his favour. In the complaint it has been stated that he was allottee of land 4 kanals (kh.no.246/41), 3kanals 4 marals (kh.no.15 ) and 7 kananls 4 maralas ( kh.no.12) and this land was given to one Gian Singh s/o late Duni Chand R/o R/o Kolti Merdian Tehsil R.S.Pura District Jammu for cultivation on the condition that half of the share of crops produced shall be given to him. That said Gian Singh had died and now his sons have occupied the land forcibly and they are not giving him any share. That Munsiff court R.S. Pura during the year 2005, passed final decision with regard to allotment in his favour. That a case was processed before Custodian on 31-10-05, but no final decision has been taken.

4. It appears that on this complaint, a report was called from Patwari of area by SDM. Petitioners herein who are sons of late Gian Singh were also called.

Patwari reported that, land 4 kanals (kh.no.246/41), 3kanals 4 marlas (kh.no.15 ) and 7 kanals 4 marlas ( kh.no.12) total 14 kanals 18 marlas falls under dispute. Out of this land 6 kanals 12 marals has been mutated u/s 3-A of Agrarian Reforms Act vide mutation no 178 in favour of petitioners herein in rabi 2006.

Patwari further reported that, 3k 12 marlas of land is still on name of complainant, but cultivation is on the name of Gurnam singh. Out of land under Kh. No. 246/41,3Marlas of land has been sold and the remaining land is still on the name of Baldev Raj.

Court below after hearing the parties came to conclusion that mutation was attested by Tehsildar u/s 3A of agrarian reform act and appeal was filled by baldev raj before custodian, which stand dismissed by custodian for want of jurisdiction. Mutation has been attested on the basis of a registered power of attorney, dated 23-2-94, which is being challenged by Baldev Raj in present complaint. So court has no jurisdiction.

But as per standing order 23-A pertaining to attestation of mutation, information to all the interested persons has to be been given and in present case there is no such record that information has been given to interested person at the time of attestation of mutation. Accordingly the court below set aside the mutation being violative of principle of natural justice and remanded case the back Tehsildar R.S. Pura after setting aside the mutation.

5. I have heard both the counsel at length and perused the record. Respondent counsel has taken a preliminary plea that this court has no jurisdiction in term of section 21 of agrarian reform act. Whereas Counsel for petitioner argued that, as mutation has been set aside, so this tribunal has jurisdiction to entertain revision.

6. For deciding the present matter section 18 and 21 of Agrarian Reforms Act are relevant. These sections read as under:-

18. Appointment, superintendence and control of Revenue officers

(1) There shall be following class of officers for the purposes of this Act who shall be appointed by the Government, by notification in the Government, namely:-

(a) Commissioner Agrarian Reforms and Joint Commissioner Agrarian Reforms;

(b) Collector;

(c) Assistant Commissioner;

(d) Tehsildar; and

(e) Naib-Tehsildar.

Section 21 of A. R. Act, 1976 deals with appeals and revisions. It reads as under:-

(1) Any person aggrieved by a final order of a Collec

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