Back
SANJEEV KUMAR
Ghulam Mohi-Ud-Din Koka – Appellant
Versus
Financial Commissioner (rev) – Respondent
JUDGMENT
1. The petitioners have called in question order dated 17th March, 2021 passed by Joint Financial Commissioner [respondent No.2] in the reference titled 'Khazir Koka vs. Majid and others' and order dated 21st January, 2021 passed by Commissioner Survey and Land Records [respondent No.3].
2. Briefly put, the relevant facts leading to the filing of the instant petition are that the predecessor-in-interest of the petitioners filed an application before the Assistant Commissioner, Revenue, Anantnag, for partition of land falling under Survey No.69 (7K-6M), 71(4K-9M), 72(5K10M) and 66(4K-16M) of Estate Chaki Hussan Abad Tehsil Anantnag [hereinafter referred to as the subject land]. This application was filed against one Majeed Hassan, the predecessor-in-interest of the private respondents. The application was entertained by the Assistant Commissioner, Revenue, who, vide his order dated 26th April, 2010, while issuing notice to the nonapplicants for filing objections also provided by way of interim arrangement that the parties shall not cause any interference, change in the existing revenue entries and fell trees or alienate the subject land till filing of objections.
3. The predec
The main legal point established in the judgment is the procedural requirements and limitations on the powers of the Divisional Commissioner and the Financial Commissioner under Section 15 of the Lan....
The main legal point established in the judgment is that the J&K Land Revenue Act provisions apply to the partition of land, even if covered under the J&K Agrarian Reforms Act.
The main legal point established in the judgment is the interpretation of the jurisdiction of the Financial Commissioner and the Commissioner in revising partition orders under the un-amended and ame....
Partition of land - Power to call for, examine and revise proceedings of Revenue Officers - In exercise of revisional jurisdiction by the Commissioner, he cannot modify or reverse orders of his subor....
Higher appellate authorities cannot consider new facts/pleas not raised before first appellate authority; no interference with lower order absent proven perversity.
Quasi-judicial authority dismissing revision must pass reasoned order addressing grounds raised and independently apply mind to lower orders; mere upholding without reasoning renders it invalid.
The main legal point established in the judgment is the interpretation of the provisions of Section 16 of the Punjab Land Revenue Act, 1887 and the Haryana Land Revenue Act, 1887, regarding the autho....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
