The court emphasized that unauthorized occupants cannot claim ownership rights under the Agrarian Reforms Act.

Jai Pal Singh, J.

1. The facts giving rise to the filing of this Petition may be stated thus:-

The petitioners' predecessor-in-interest occupied land comprised in Field Survey No. 61, when, due to disturbances in the State of Jammu and Kashmir, the owners abandoned it. One of the co-owners, Ghani, Son of Gosha, migrated to Pakistan Occupied Area of the State whereas Abdul Aziz, the predecessor-in-interest of respondents, shifted his residence to Darhal-Rajouri. Abdul Aziz later claimed possession of the land others in the Court of Sub-Judge, Rajouri. It was decreed in the year 1958 holding the petitioners' predecessors as unauthorized occupants of the land.

2. The respondents, however, could not secure possession of the land despite Judgment by the Civil Court. They filed Application under Section 8 of the Evacuee's Administration of Property Act which was allowed on 29.09.1981 directing restoration of possession of respondents' share in land comprised in Survey Nos. 140, 335, 335/1, 340, 346, 349 and 253. Declaring share of Ghani Son of Gosha as Evacuee Property, the predecessor-in-interest of respondent Nos. 1 & 2 was permitted to retain the land as its allottee.

3. The possession of the land was still not delivered to the respondents and instead Mutation Nos. 758 & 872 were attested in favour of the petitioners under Sections 4 & 8 of the Agrarian Reforms Act taking the view that respondents' right in the land stood extinguished in view of the provisions of the Agrarian Reforms Act because they were not in possession thereof on the relevant date.

These Mutations were, however, set aside on Appeal by Additional Deputy Commissioner, Rajouri and the matter Appellate Authority by Order dated 07.10.2002 remanding the matter again for further enquiry by Assistant Commissioner, Rajouri who, vide Mutation Nos. 2752 and 2753 conferred ownership rights on the petitioners. This order was set aside vide Additional Deputy Commissioner, Rajouri's Order dated 07.01.2006.

The petitioners' Revision against Additional Deputy Commissioner's Order dated 07.01.2006 was rejected by the Jammu and Kashmir Special Tribunal vide its Order of May 7, 2009.

4. The petitioners have approached this Court questioning the Tribunal's Order whereby it upheld Additional Deputy Commissioner's Order dated 07.01.2006 setting aside Mutation Nos. 2752 & 2753 attested under Sections 4 & 8 of the Jammu and Kashmir Agrarian Reforms Act in respect of land measuring 10 kanals 17 marlas comprised in Khasra No. 335 and 1 kanal 15 marlas comprised in Khasra No. 335/1 min of Village Rampur Tehsil and District Rajouri.

5. According to the petitioners, the Tribunal has erred in not appreciating that Additional Deputy Commissioner, Rajouri's Order dated 21.07.1998, whereby, while remanding the case to property otherwise there is no bar to the Mutations under Appeal", operated as res judicata, the Revenue Authorities and the Special Tribunal, had, therefore, acted illegally in taking the view that the Jammu and Kashmir Agrarian Reforms Act was not applicable to the petitioners' case and the Mutations attested under Sections 4 & 8 of the Agrarian Reforms Act were unsustainable.

It is pleaded by the petitioners in Paragraph No. 13 (k) of the Writ Petition that the provisions of Section 3 (k) of the Jammu and Kashmir Agrarian Reforms Act, 1976 were attracted to the facts of the case as the petitioners' residential houses existed in the land since decades.

6. In their Response to the Writ Petition, respondent Nos. 2 to 5 say that the petitioners are stark unauthorized occupants of land measuring 10 kanals 17 marlas comprised in Survey No. 335 and 1 kanal 15 marlas under Survey No. 335/1 min and they cannot, therefore, question the orders of the Special Tribunal and the subordinate Revenue Agency in view of the findings recorded by the Civil Court in their predecessor-in-interest's Suit No. 23/Civil which was decreed on 07.06.1958 holding the predecessor-in-interest of the petitioner