ORDER :

Rashid Ali Dar, J.

1. Order dated 24.01.2018, passed by respondent No. 1 (Joint Financial Commissioner), on an appeal filed by respondent No. 4 against the order of Naib Tehsildar, Trehgam, dated 29.05.2013, is under challenge in this writ petition.

2. Precise factual background of the case, as referred in the writ petition, is as under:

(I) The respondent No. 4 was the owner of land covered under Survey No. 448 measuring 01 kanal 10 marlas situated in Village Marhama Kupwara;

(II) The petitioner has made an offer to respondent No. 4 for sale of his land who agreed to sell the same and, accordingly an agreement to sell was executed between the parties;

(III) That in pursuance of the said sale, the petitioner approached the revenue agencies along with respondent No. 4 for making revenue entries in favour of the petitioner. The respondent No. 4 at the time of attestation of mutation did not object to the same and, accordingly, mutation No. 309 dated 29.05.2013 in respect of land measuring 01 kanal 10 marlas under Survey No. 448, was attested in favour of the petitioner and the petitioner took possession of the said land after making payment to the respondent No. 4;

(IV) That thereafter respondent No. 4 filed an appeal before the respondent No. 1 against the aforesaid mutation. The petitioner caused his appearance before respondent No. 1 and raised a preliminary objection that the appeal is not maintainable against the orders passed by Naib Tehsildar, Trehgam and also the appeal has not been field within the prescribed period of limitation;

(V) That in the meanwhile, respondent No. 4 approached the respectable persons/villagers and apologized for filing the appeal before the respondent No. 1 and a mutual compromise/agreement was arrived at between the parties wherein respondent No. 4 had agreed to withdraw the appeal on the terms and conditions laid down in the agreement;

(VI) That the aforesaid agreement was placed before the respondent No. 1 but the respondent No. 1 without taking note of the agreement and also without taking note of jurisdictional aspect, has proceeded to pass order dated 24.01.2018 whereby appeal has been allowed and the mutation No. 309 dated 29.05.2013 has been set aside besides directing restoration of the position as was obtaining before the attestation of said mutation.

3. Aggrieved by the aforesaid order dated 24.01.2018, passed by respondent No. 1, petitioner has filed the instant writ petition. Some of the grounds raised in the petition to canvass that the order is incorrect and erroneous, are as under:

A. That as per J&K Land Revenue Act, appeal against an order passed by Naib Tehsildar can be filed before the Collector or Assistant Collector, therefore, order passed by respondent No. 1 is without jurisdiction;

B. That as per Section 12 of the Land Revenue Act, the appeal is to be filed within a period of 60 days before the Collector and in case order of Collector is challenged before the higher authorities, same is to be filed within 90 days. The respondent No. 1 though has referred that the condonation application has been filed but without condoning the delay first, main appeal has been decided, therefore, impugned order is bad in law;

C. That for migrant properties, the respondent No. 1 has no power to adjudicate the matter and the power in this regard lies with District Magistrate concerned. The respondent No. 1 has acceded his jurisdiction;

D. The respondent No. 4 has filed appeal and the respondent No. 1 without converting the appeal into revision and applying judicial mind, has passed the impugned order.

4. Heard learned counsel for the contesting parties.

5. The learned counsel for the petitioner while reiterating the grounds taken in the petition contended that the Joint Financial Commissioner has usurped the powers which were not vested in him. While explaining the same, it is being stated that in the order passed by the respondent No. 1, it is stated that the "revision" filed by respondent No.