Compliance with statutory leasing procedures is mandatory, necessitating Custodian General's approval for any land allotments exceeding one year.

1. Through the medium of this petition, the petitioners are seeking quashing of order dated 28.02.2005 passed by the J&K Special Tribunal, Jammu, whereby the learned Tribunal, while dismissing the revision filed by the petitioners herein, has upheld the order dated 23.12.2002 passed by the Custodian General. Petitioners are also seeking quashing of order dated 23.12.2002 passed by the Custodian General, whereby the Custodian General, while setting aside the order dated 15.02.2001 passed by the Custodian, has observed that the land - in - question be given on lease and the premium as well as ground rent be determined through open auction after wide publicity, as provided under SRO 149 dated 15.04.1985. Vide order dated 15.02.2001, Custodian allowed the claim of petitioners herein for allotment of land - in - question in their favour on the ground that the land - in - question was not vacant on - spot being in possession of petitioners herein, as such the same cannot be put to open auction; he, accordingly ordered that the land - in - question be allotted in favour of petitioners herein on lease of one year for residential purposes on payment of rent of Rs.600/- per annum.

2. The facts - in - brief, as gathered from the writ record, are that in the year 1982 by two separate orders, two persons, namely, Azad Mohd Khan and Sikander Khan, each were allotted 10 marlas evacuee land comprised in Khasra No. 188 - Min situated at Golad, Tehsil Mendhar for residential purpose on payment of rent of Rs.03/- per annum for a period of 5 years in the first instance. On 11.01.1997 Zulfakhar Ali Mumtaz and his two brothers submitted an application before Deputy Custodian, Poonch for allotment of said land in their favour on the basis of their possession over the said land. On the recommendation of Deputy Custodian, Custodian vide order dated 16.06.1997 allotted the land in their favour for residential purposes on rental of Rs.15/- per month. The said order was challenged by Haji Mohd. - respondent No.2 herein before the learned Custodian General in revision, and the Custodian General vide order dated 25.02.1999 set aside the order dated 16.06.1997 and remanded the case to Custodian for passing fresh orders after proper inquiry and hearing the parties. However, the Custodian, Evacuee Property vide order dated 15.02.2001, while dismissing the revision filed by respondent - Haji Mohd., allowed the claim of petitioners herein for allotment of land - in - question in their favour on the ground that the land - in - question was not vacant on - spot being in possession of petitioners herein, as such the same cannot be put to open auction; he, accordingly ordered that the land - in - question be allotted in favour of petitioners herein on lease of one year for residential purposes on payment of rent of Rs.600/- per annum. While allowing the claim of petitioners herein, the Custodian also relied upon the report of Assistant Custodian (Tehsildar Mendhar) that the petitioners have dumped large quantity of stones for construction on the site.

3. Against the order dated 15.02.2001, respondent - Haji Mohd. filed revision before the Custodian General, and the Custodian General vide order dated 23.12.2002, while setting aside the order passed by the Custodian on 15.02.2001, has observed that the land - in - question be given on lease and the premium as well as ground rent be determined through open auction after wide publicity, as provided under SRO 149 dated 15.04.1985; with a further direction to provide an opportunity to respondent - Haji Mohd. to participate in the open auction, if he so desires.

4. Against