The main legal point established in the judgment is that the belated filing of revision petitions, lack of satisfactory explanation for the delay, and reliance on outdated evidence were not sufficient grounds to challenge the escheatment of the land under the Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (BK).

B.S. Walia, J.

1. Vide this judgment, we are deciding Letters Patent Appeal filed against the judgment dated 18.09.2001 rendered by the learned Single Judge in OWP No. 459/1999 which was filed by respondent No. 1 i.e. State, against order dated 04.01.1999 passed by respondent No. 2 i.e. J & K Special Tribunal, Jammu (hereinafter referred to as the 'Tribunal') whereby the Tribunal while accepting report No. 207/ATJ dated 25.5.1987 of the Tehsildar Jammu allowed the revision petition and set aside order dated 29.04.1997 passed by the Financial Commissioner, J & K Jammu as also orders dated 19 Fagun 2009 and 11.03.1959 passed on mutation Nos. 67 and 53 respectively and directed necessary entries to be made in the revenue record. Brief facts of the case leading to the filing of this Letters Patent Appeal are that orders were passed by the Tehsildar, Jammu dated 19 Fagun 2009 BK (March 1953) on mutation No. 67 and mutation No. 53 dated 11.03.1959 by virtue of which land comprising Khasra No's. 52, 42, 68, 133, 17, 18 and 19, measuring 37 Kanals 7 Marlas situated in Village Channi Kamala, Tehsil Jammu was escheated to the State under the Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (BK) after extinguishing the rights of ownership of the proprietor of the said land i.e. Nahar Singh (Lambardar of the Village), father of Amar Singh, Kashmiroo S/o. Ganga Singh and Baldev Singh S/o. Khajan Singh.

2. After a lapse of about three decades and after Nahar Singh's death, his son i.e. Amar Singh filed two revision petitions praying for setting aside orders of the Tehsildar, Jammu dated 19 Fagun 2009 BK (March 1953) on mutation No. 67 and mutation No. 53 dated 11.03.1959. The said revisions were transferred to the Director Land Records exercising the powers of Divisional Commissioner for disposal on 12.07.1986 who ordered both the revision petitions to be disposed of by a single judgment.

3. That during the pendency of the revision petitions, the Director Land records directed the Tehsildar, Jammu to ascertain whether the land referred to above was lying fallow since Kharif 2007 and whether the land in dispute was unculturable waste. The Tehsildar Jammu vide report dated 26.05.1987 submitted that the land Khasra No. 18 and 19 min though recorded in the Khasra Girdawri 2007 BK as Banjar Qadim had bushes and other plantation and Arak Kap etc, besides the Banjar land was used by the appellant for grazing his, cattle and Arak Kap for raising fuel and fodder. This finding of the Tehsildar was based on some ex-parte evidence recorded in the year 1987. On the basis of the aforementioned report, the Director Land Records vide order dated 31.07.1987 made a recommendation to the Financial Commissioner, J & K, that the revision petitions be accepted and orders on mutation Nos. 67 dated 19 Fagun 2009 BK (March 1953) and mutation No. 53 dated 11.03.1959 be set aside and the case remanded to the concerned Tehsildar for passing fresh order after hearing the parties and keeping in view the provisions of the Big Landed Estates Abolition Act, 2007 (BK).

4. That pursuant to order dated 31.07.1987 passed by the Director Land Records, the matter was heard by the Joint Financial Commissioner, Agrarian Reforms exercising the powers of the Financial Commissioner who vide a reasoned and speaking order dated 26.02.1993, rejected the recommendation made by the Director Land Records and upheld the orders dated 19 Fagun 2009 BK (March 1953) and 11.03.1959 on mutation Nos. 67 and 53 respectively by holding that the revisions against the impugned orders had been preferred after a lapse of about three decades without any convincing ground or intelligible explanation, besides, on merits also there was no basis for exemption of the land from the operation of the Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (BK) as the land covered by the impugned orders was Banjar Qadeem i.e. culturable land but not unculturable while Gair Mumkin land being used as