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2012 Supreme(J&K) 708

Sanjay Gupta
Massu Alias Massaru – Appellant
Versus
Mohan Singh – Respondent


1. This revision has been directed against the order dated 6-7-2010, passed by Agrarian Reforms Commissioner Samba, by virtue of which, he has set aside mutation no. 917 dated 27-10-1982 attested u/s 7 and mutation no. 1367 dated 29-7-2000 attested u/s 8 of Agrarian Reforms Act and remanded the case back to Tehsildar Samba for fresh inquiry for grant of 20% of additional land to respondents.

Petitioner herein has challenged the impugned order on the grounds, that officer below has failed to revoke provision of Rule 52 of Agrarian Reform Act while passing the order impugned. That appeal before the court below was time barred and delay was condoned without any reasonable circumstances. That order impugned is not only beyond the jurisdiction of court below, but devoid of legal infirmities. That both the mutations were attested separately on different dates and court below clubbed both the appeals together beyond jurisdiction and in volition of order 23-A. That resumption was applied by some of the respondents, whereas court below has entered other respondents without any power. The resumption of land cannot be claimed as a matter of right.

2. Heard perused the record of court below.

3. I



























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