HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 01.05.2025 Pronounced on:- 24.07.2025 WP(C) No. 287/2023

1. Harbir Singh, Age 37 years, S/o …..Appellant(s)/Petitioner(s)

Dr. Harbhajan Singh, R/o H. No. 20B DC, Gandhi Nagar, Jammu, through power of attorney holder Dr. Balbir Kour Rissam W/o Dr. Harbhajan Singh R/o House No. 20-B, D/C, Gandhi Nagar, Jammu, Through: Mr. V. R. Wazir, Sr. Advocate with Mr. Razat Sudan, Advocate Mr. R. P. Sharma, Advocate with Mr. Rohit Gupta, Advocate vs

1. UT of J&K through Commissioner/Secretary Revenue Department, Civil Secretariat, Jammu.

2. Jujhar Singh S/o Lt. Mahant Janak Singh R/o H. No.

49/2 Nanak Nagar, Jammu.

3. Sandeep Singh, S/o S. Jujhar Singh. 4. Satwant Singh S/o S. Jujhar Singh.

5. Jaswinder Kour W/o S. Jujhar Singh.

6. Deputy Commissioner, Jammu.

7. Tehsildar, R. S. Pura.

8. Custodian General, Evacuee Property, Jammu.

9. Custodian Evacuee Property, Jammu.

.…. Respondent(s)

Through: Mrs. Monika Kohli, Sr. AAG Mr. F. A. Natnoo, Advocate Mr. Himanshu Beotra, Advocate Mr. Faiz Ul Arif Fahmi, Advocate Coram: HON‟BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

JUDGMENT

1. On the basis of Form-Alif, carrying the names of Janak Singh, Ranjeet Kour w/o Janak Singh, Harbans Kour (alias Joginder Kour) d/o Janak Singh, Harbhajan Singh & Jujhar Singh (respondent No. 2) both sons of Janak Singh, the land measuring 37 kanals 4 marlas ( 30 kanals-Evacuee Land and 7 Kanals 4 Marlas- State Land), situated at Village-Gondla, Tehsil R.S Pura was allotted to the family comprising of members as mentioned above under Cabinet Order No. 578-C of 1954. Janak Singh expired in the year 1991. Joginder Kour left the family on account of marriage. Sardar Harbhajan Singh and Ranjeet Kour expired in the year 2013 and 2016 respectively. After the demise of Sardar Harbhajan Singh, his son i.e. the petitioner filed an application for partition of land before Revenue Officer under J&K Land Revenue Act, which ultimately landed before the respondent No.7 pursuant to order dated 07.02.2019 passed by the Joint Financial Commissioner, J&K with powers of Commissioner, Agrarian Reforms. Thereafter, the respondent No.7 vide order dated 28.06.2022 directed for affecting the partition of the land mentioned above. Respondent No.2 assailed the order dated 28.06.2022 and order dated 18.07.2022 through the medium of a revision petition before respondent No. 9, who vide order dated 13.08.2022 dismissed the same. Respondent No.2 filed another revision petition before respondent No.8, thereby assailing the order dated 13.08.2022, but that revision petition was also dismissed vide order dated 30.11.2022.

2. Aggrieved of the orders passed by the respondent Nos.7, 8 and 9, respondent No.2 filed the revision petition before J&K Special Tribunal, Jammu (for short „the Tribunal‟) and the learned Tribunal vide order dated 23.12.2022 allowed the revision and remanded the matter to respondent No.7 to conduct fresh and separate proceedings in respect of Evacuee land and State land.

3. The petitioner being aggrieved of the order dated 23.12.2022 has approached this Court for quashing the order passed by the learned Tribunal on the ground that the learned Tribunal has failed to make distinction between the rights envisaged under Cabinet Order 578-C of 1954 and the rights inheritance before the operation of Agrarian Reforms Act and thereafter, when superior rights were granted under section 3-A of the Agrarian Reforms Act. Precisely, the stand of the petitioner is that the Section 67 of the Tenancy Act and not Rule 15-B of the Cabinet Order No. 578-C of 1954 would determine the devolution of interest and the partition of estate.

4. Respondent No.2 in his response has stated that the learned Joint Financial Commissioner (with the powers of Commissioner, Agrarian Reforms), J&K in its order dated 07.02.2019 had observed that in the normal process, after the death of late Sh. Janak Singh, his interest in the allotted land would devolve as per the provisions of R