Madan Lal vs Ut Of J&K & Ors
2023 Latest Caselaw 29 j&K

            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU


                                                  Reserved on 29.07.2022
                                                  Pronounced on 30.01.2023

                                                  WP(C) No. 1538/2022

Madan Lal                                             ....Petitioner/Appellant(s)

                   Through :- Mr. S. M. Choudhary, Advocate.

          V/s

UT of J&K & ors.                                              ....Respondent(s)


                    Through:- Mr. S.S. Nanda, Sr. AAG.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                 JUDGMENT

1. Heard learned counsel for the petitioner.

2. This writ petition deserves dismissal at its very inception without

putting it to the routine course of notice to the respondents for objections and

then adjudication as that would be defeating the very purpose for which the

writ petition has come to be filed.

3. The grievance of the petitioner is the long pendency of the remand

case before the Collector Agrarian Reforms in furtherance of the judgment

dated 21.04.2015 passed by the Financial Commissioner Revenue with

powers of Commissioner Agrarian Reforms Jammu and Kashmir, Jammu on

file No. 452/FC-ARC/AP titled Kanshi Ram Vs. Durga Ram & Anr.

4. The Financial Commissioner Revenue (Commissioner Agrarian

Reforms) Jammu and Kashmir, Jammu came to exercise its appellate

jurisdiction under the provisions of the Agrarian Reforms Act, 1976 in

hearing an appeal and against an order dated 09.12.2013 passed by the

Tehsildar (Settlement) Jammu on mutation no. 5 dated 09.12.2013 attested by

the Tehsildar (Settlement) Jammu. While setting aside the mutation no. 5

dated 09.12.2013, the Financial Commissioner Revenue (Commissioner

Agrarian Reforms) Jammu and Kashmir, Jammu had come to remand the

matter for de-novo enquiry to be undertaken at the end of Collector Agrarian

Reforms concerned and it is this remand case which is still awaiting its

adjudication.

5. Although, the petitioner who claims to be a successor-in-interest of

late appellant Kanshi Ram ought to have approached the Financial

Commissioner Revenue (Commissioner Agrarian Reforms) Jammu and

Kashmir, Jammu for seeking appropriate direction for the expeditious

disposal of the remand case but for the reasons unstated in the petition, the

petitioner has come to approach this Court to serve as a substitute for the

Financial Commissioner Revenue (Commissioner Agrarian Reforms) Jammu

and Kashmir, Jammu for direction with respect to the said remand case.

6. The only fact which is worth considering in this case is the long

pendency of the remand proceedings, as such, this Court will deem it

appropriate and fit to dispose of this writ petition with a direction to the

respondent no. 2 i.e. Financial Commissioner Revenue (Commissioner

Agrarian Reforms) Jammu and Kashmir, Jammu to take cognizance of the

fact and pendency of the remand proceedings before the Collector Agrarian

Reforms concerned in terms of order dated 21.04.2015 passed on file no.

452/FC-ARC/AP and seek appropriate report from the concerned Collector

Agrarian Reforms who is seized of the remand proceedings and then issue

appropriate direction for expeditious disposal of the case within a time bound

schedule.

7. Hence, this writ petition is, accordingly, disposed of by a direction

unto to the Financial Commissioner Revenue (Commissioner Agrarian

Reforms) Jammu and Kashmir, Jammu to seek report from the Collector

Agrarian Reforms concerned about the status of the remand case and the

reasons for the delay in its adjudication and then pass appropriate direction for

its time bound disposal.

8. The Financial Commissioner Revenue (Commissioner Agrarian

Reforms) Jammu and Kashmir, Jammu shall carry out the compliance of the

direction of this Court within a period of one month from the date of receipt

of a copy of this order.

9. The petitioner is directed to furnish certified copy of this order to

the Financial Commissioner Revenue (Commissioner Agrarian Reforms)

Jammu and Kashmir, Jammu against proper receipt.

10. In addition, the Registrar Judicial, Jammu shall also forward a copy

of this order to the Financial Commissioner Revenue (Commissioner Agrarian

Reforms) Jammu and Kashmir, Jammu for notice and compliance.

11. In addition to the aforesaid direction, this Court acting suo moto

deems it appropriate to issue directions to the Financial Commissioner

Revenue (Commissioner Agrarian Reforms) Jammu and Kashmir, Jammu to

carry out the audit of all the long pending remand cases under the provisions

of the Land Revenue Act, Svt. 1996 and the Agrarian Reforms Act, 1976 both

in the Union Territory of J&K as well as Union Territory of Ladakh and,

accordingly, pass effective orders for seeking expeditious disposal of the said

pending remand cases in a time bound frame.

12. Disposed of.

(RAHUL BHARTI) JUDGE

JAMMU 30.01.2023 Shivalee

Whether the order is speaking :Yes / No

Whether the order is reportable: Yes / No