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2022 Supreme(J&K) 10

SANJEEV KUMAR
Vijay Kumar – Appellant
Versus
J&K Special Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. G. S. Thakur, Advocate.
For the Respondent:Mr. F. A. Natnoo, Advocate

JUDGEMENT :

1. In this petition the petitioner has called in question order dated 05.01.2015 passed by the Jammu and Kashmir Special Tribunal, Jammu (‘the Tribunal’) in a revision petition titled Kewal Krishan and Ors v. Deputy Custodian Evacuee Property, Rajouri and another, whereby the Tribunal has dismissed the Revision Petition filed by the petitioner and has up-held the order of Additional Deputy Commissioner (with powers of Commissioner Agrarian Reforms), Rajouri, ( ‘the appellate authority’) dated 20.03.2004.

2. Briefly stated, the facts, as projected by the petitioner in this petition are that, the land falling under Khasra No. 86/3 of Village Badika Tehsil and District Rajouri was allotted to the petitioner and one Kewal Krishan and Sham Lal as displaced persons from Pakistan. The petitioner, on the basis of being in possession of the land as allottee thereof, was conferred the proprietary rights under Section 3-A of the Jammu and Kashmir Agrarian Reforms Act, 1976 ( ‘the Act of 1976’). Mutation No. 38 was attested in this regard by the Naib Tehsildar, Rajouri on 04.12.1996. The respondent No.2 assailed the mutation after seven years by filing an appeal before the Respondent

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