JUDGEMENT

1. Custodian, Evacuee Property, J&K, Kashmir, the petitioner, has invoked extraordinary writ jurisdiction vested in this Court by Article 226 of the Constitution of India for seeking a writ of certiorari for quashing and setting-aside the Order dated 6th August 2015 passed by J&K Special Tribunal at Srinagar [―Tribunal‖] in a File no.STS/2372/2008 (Revision Petition) titled Habib Dar v. Custodian Evacuee Property, Kashmir, Srinagar.

2. Before adverting to the grounds of challenge urged by learned counsel for petitioner, it would be appropriate to give few material facts to put the matter in proper perspective.

3. Assistant Custodian (Tehsildar) Baramulla, in the year 1963, notified land measuring 24 Kanals 06 Marlas falling under Khewat no.24, situate in Villa ge Malpora Tehsil Baramulla [― subject land ‖] as Evacuee Property under Section 6 of The J&K State Evacuees (Administration of Property) Act, Svt 2006 (1949 A.D.) [― Act of 1949 ‖] and as a result whereof the owner of subject land, namely, Subhan Wani, was entered as Evacuee. On the request of respondent no.2, who claimed to be adopted son of evacuee, Subhan Wani, the subject land was allotted in his favour in the year 1963 itself.

4. The entire allotted land remained under cultivating possession of respondent no.2 till the year 1983, when he converted some portion of subject land into an orchard. Conversion of subject land into orchard was reported by District Field Inspector, Baramulla to the petitioner, who, on taking cognizance of violation committed by respondent no.2, summoned records from the office of Assistant Custodian, Baramulla and thereafter kept the orchard land measuring 17 Kanals 16 Marlas on superdari. Rest of the land continued to be under occupation/possession of respondent No.2.

5. Respondent no.2, as it appears, made an application in the year 1985 under Section 8 of the Act of 1949, before the Custodian, Kashmir (petitioner) claiming to be an as adopted son of evacuee-Subhan Wani. It was maintained by respondent no.2 that evacuee Subhan Wani had not migrated to Pakistan but died in the year 1948 at Malpora, Baramulla. In his capacity as an adopted son of evacuee-Subhan Wani, the respondent No.2 requested that subject-land be de-notified and possession thereof be restored in his favour. To bolster his claim, respondent no.2 produced an adoption deed purportedly executed by evacuee - Subhan Wani, in his favour on 29 Phogan 2003 Bikrami (corresponding to the year 1946 A.D.). The Custodian, Kashmir, vide Order dated 10th April 1999 rejected the application of respondent no.2.

6. Respondent no.2, feeling aggrieved by the order of Custodian Kashmir dated 10th April 1999, challenged it in an Appeal before Custodian General, J&K. Vide Order dated 25th July 2002, the Custodian General allowed the appeal of respondent no.2, set-aside the order, and remanded the matter to Custodian, Kashmir, with a direction that he would summon both the parties and interested persons, if any, and provide them adequate opportunity of hearing and thereafter dispose of application for restoration of land strictly in accordance with provisions of law. The remand order was passed by the Custodian General on the ground that respondent no.2 had not been allowed by the Custodian to adduce evidence to establish his claim and, therefore, condemned unheard.

7. On remand, the Custodian, Kashmir, heard all the parties afresh and ultimately came to a conclusion that it was proved beyond any shadow of doubt that Subhan Wani had not died in Malpora, Baramulla, but had gone to Pakistan and that adoption under Muslim Personal Law was also not permissible. The Custodian, Kashmir, rejected the application under Section 8 of the Act vide order dated 27th September 2003.

8. Aggrieved, the respondent No.2 challenged the order of the Custodian Kashmir dated 27-09-2003 by way of an a