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2018 Supreme(J&K) 219
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
SANJEEV KUMAR, J.
Mohammad Ayoub Bhat and Ors. - Petitioners
Vs.
State and others - Respondents
OWP No. 822 of 2018, IA No. 01 of 2018, Caveat No. 819 of 2018
Decided On : 16-05-2018
For the Petitioners:Mr. G.Q. Bhat, Advocate.
For the Respondents:Mr. Ateeb Kanth, Advocate.
The importance of following procedural requirements and providing notice to all parties before making decisions that affect their rights.
Headnote:
Land Revenue Act - Correction of Entries - Section 32 of the Jammu & Kashmir Land Revenue Act - 18.04.2018, 30.04.2011, 28.3.2012 - The court discussed the violation of procedure laid down in Standing Order-22, the nullity of the ex-parte order, and the correct order passed by the Financial Commissioner (Revenue) to remand the case back to the Deputy Commissioner for proper enquiry.
Fact of the Case:
The petitioners claimed joint ownership of land and filed a suit for correction of entries under Section 32 of the Jammu & Kashmir Land Revenue Act. The Collector, Land Revenue allowed the suit, but the order was challenged and set aside by the Financial Commissioner (Revenue).
Finding of the Court:
The ex-parte order directing correction of entries was null and void, and the Financial Commissioner (Revenue) correctly set aside the order and remanded the case for proper enquiry.
Issues: Violation of procedure in Standing Order-22, nullity of the ex-parte order, and the authority of the Financial Commissioner (Revenue) to set aside the order and remand the case.
Ratio Decidendi: The court found that the ex-parte order was in violation of the procedure laid down in Standing Order-22 and was null and void. The Financial Commissioner (Revenue) had the authority to set aside the order and remand the case for proper enquiry.
Final Decision: The petition was dismissed, and the parties were directed to appear before the Deputy Commissioner, Anantnag.
1. In view of the order which this Court proposes to pass official respondents are not required to be put on notice.
2. With the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. Briefly stated, the facts of the case are that the petitioners claiming to be the joint owners in possession of land measuring 2 marlas falling under Survey No.3455/1392, 2 marlas under survey No.3456/1392, 12 marlas under survey No.3678/3455/1392, 2 marlas under survey No.3679/3455/1392, 1 kanal and 8.5 marlas under survey No.3680/3455/1392 and 1 kanal 12.5 marlas under survey No.3680/3455/1392 situated at Verinag Tehsil Dooru District Anantnag filed a suit for correction of entries under Section 32 of the Jammu & Kashmir Land Revenue Act before the Collector, Land Revenue, Anantnag with respect to land measuring 1 kanal 12.5 marlas falling under Survey No.3680/3455/1392 situated at Verinag, Dooru. The Collector, Land Revenue (Additional Deputy Commissioner), Anantnag vide its order dated 30.04.2011 allowed the suit and directed the concerned revenue officials to effect necessary corrections in the impugned revenue entries. The father of respondent No.7, Mr. Amma Bhat, challenged the order of Collector, Land Revenue (Additional Deputy Commissioner), Anantnag dated 30.04.2011 by way of revision petition before the Divisional Commissioner, Kashmir. The revision petition was accepted by the Divisional Commissioner, Kashmir who vide his order dated 10.03.2012 referred the decision for confirmation by the Financial Commissioner (Revenue), J&K.
4. The matter was considered by the Financial Commissioner (Revenue) who vide its order dated 18.04.2018 accepted the reference made by the Divisional Commissioner and set aside the order of Collector, Land Revenue (Additional Deputy Commissioner), Anantnag dated 30.04.2011 and remanded the matter to Deputy Commissioner, Anantnag with certain directions. For facility of reference paragraph Nos. 8 & 9 of the order of the Financial Commissioner (Revenue) dated 18.04.2018 are reproduced hereunder :-
“8. Thus, for the reasons enumerated hereinabove, the reference of the court below is accepted and the order dated 30.4.2011 of Addl. Deputy Commissioner, Anantnag is set aside. Similarly, the Revision petition filed against the order dated 28.3.2012 of Divisional Commissioner, Kashmir is accepted and the order impugned is set aside.
9. The matter is remanded to Deputy Commissioner, Anantnag who shall first ascertain as to entries in which records (Jamabandi or Girdawari) are to be rectified and pass orders accordingly after hearing the parties. Parties are directed to appear before Deputy Commissioner, Anantnag on 02.05.2018 and till then status quo on spot as well as on records shall continue. The party aggrieved of the orders passed on mutation No.2667 of village Verinag Tehsil Dooru, attested under Section 6 of Agrarian Reforms Act, can challenge the said mutation, if so chosen, before the Additional Deputy Commissioner, Anantnag as all Additional Deputy Commissioners have been vested with the powers of Commissioner Agrarian Reforms under Agrarian Reforms Act, 1976.”
4. After having heard the learned counsel for the parties, I am of the considered opinion that the order passed by the Financial Commissioner dated 18.04.2018, impugned in this petition, does not call for any interference.
5. Admittedly, the order passed by the Collector, Land Revenue (Additional Deputy Commissioner), Anantnag on 30.04.2011 directing correction of entries was an ex-parte order and no notice of the proceedings had been given to the private respondents herein. The same was, thus, clearly in violation of the procedure laid down in Standing Order-22. The Girdwari entries could not have been corrected to the prejudice of the private respondents without putting them to notice and without affording them adequate opportunity of being heard. The order passed by the Collector, Land Revenue (Additional Deputy
