CJ Court:

Whether the operative part or full judgment is pronounced: Full

JUDGMENT

‘OSWAL-J’

1. This intra-court appeal is directed against the judgment dated 11.10.2019 rendered by the learned Single Judge in WP(C) No. 2587/2019, titled 'Sansaro Devi & Ors. v. Suram Singh (deceased), represented by Sher Singh & Ors.', whereby the writ petition preferred by the appellants has been dismissed.

2. The appellants assail the judgment primarily on the ground that the learned Single Judge dismissed the writ petition without adverting to the essential facts required for adjudication. It is contended that the petition was dismissed solely by noting the Caveator’s statement regarding the Tehsildar’s demarcation on 31.08.2019, without recording any independent reasons. Furthermore, the appellants urge that the learned Single Judge failed to consider a vital legal question as to whether the Tribunal, vide its order dated 25.06.2019, could legally delegate the determination of respondent No. 1’s possession over non-agricultural land to authorities under the Agrarian Reforms Act, 1976. The appellants maintain that such a claim falls exclusively within the jurisdiction of the Civil Court. Finally, it is contended that the Tribunal's observation that the order of the Regional Director dated 14.03.2015 and order of the Collector dated 07.08.1999 had become redundant, is misconceived, as those proceedings concerned a different category and portion of land within the same survey number.

3. Heard learned counsel for the parties and perused the record.

4. Before addressing the parties' contentions, it is necessary to summarize the lengthy and complex litigation history between them.

5. The seeds of this litigation were sown when the erstwhile owners of land under Survey No. 771/33, situated at Village Kundorarian, Tehsil Reasi, namely Hira Singh and Tej Ram executed a sale deed on 11.01.1969. By virtue of this sale deed, 1 kanal out of the total 3 kanals and 16 marlas was sold to Suram Singh, represented by Respondent No. 1.

6. The erstwhile owner, Hira Singh, instituted a civil suit for permanent prohibitory injunction against Amaru and others to prevent construction upon land measuring 3 kanals and 16 marlas. During the proceedings, Suram Singh was arrayed as a defendant pursuant to an application filed by him. Thereafter, the suit was converted into one for the restoration of possession concerning the whole of the subject land. Mutation bearing No. 520 dated 21.03.1976 came to be attested in favour of Suram Singh in respect of land measuring 01 kanal purchased by him vide sale deed dated 11.01.1969. After the enactment of the Agrarian Reforms Act, 1976, the said suit came to be transferred to the Collector, Agrarian Reforms. Ex-owner Hira Singh further allegedly sold 01 kanal of Land to Prem Nath, who was relative of Suram Singh (owner of 01 kanal of land). Despite the fact that Suram Singh was party to the said proceedings before Collector, ex-owner and predecessor-in-interest of appellants, namely Amaru entered into a compromise that led to withdrawal of suit by ex-owner-Hira Singh, as Amaru restricted his claim to only 01 kanal and 10 marlas of land and Hira Singh made statement that sale deed executed in the year 1969 was silent about the description of property and no Tatima Shajra was attached with the sale deed.

7. The order of withdrawal was assailed by Suram Singh through an appeal, which the Joint Commissioner, Agrarian Reforms, accepted on 05.04.1989. The case was subsequently remanded to the Collector specifically regarding 01 kanal portion purchased by Suram Singh. On 31.12.1991, the Collector directed the Tehsildar to demarcate the land and deliver the possession to Suram Singh. This order was then impugned by Amru before the Joint Commissioner, Agrarian Reforms, who, on 22.08.1994, remitted the matter for de novo inquiry. Suram Singh preferred a revision against this order before the J&K Special Tribunal. On 02.09.1996, the Tribu