Appoints DC (Central) with FCR as enquiry officer
STATE TIMES NEWS
AMMU: Financial Commissioner Revenue Shaleen Kebra, while deciding two appeals by a common order besides setting aside both the mutations attested Under Section 6 of the Agrarian Reforms Act, also initiated enquiry against two employees of the Revenue Department namely Bashir Ahmed, then Patwari Gole and Mushtaq Ahmad, then Naib Tehsildar Jammu West and direct Additional Commissioner (Central) with FCR to initiate disciplinary action and charge sheet the delinquents, i.e. Bashir Ahmed then Patwari Gole and Mushtaq Ahmad then Naib Tehsildar Jammu West. In addition to this, Kebra also directed the Deputy Commissioner Jammu to scrutinize the records of Estate Gole and furnish a report to the Financial Commissioner Revenue of all such cases where the Evacuee land allotted to Displaced person has been subsequently brought within the ambit of the provision of the AR Act of 1976.
These significant directions have been passed by Shaleen Kabra while deciding two appeals filed by one Rajeshwar Sabharwal through Advocate Mohd. Latif Malik against two mutation attested Under section 6 of the AR Act with regard to the land situated at Gole, Jammu west side mutation No’s 2470 & 2374 which was allotted to the appellant’s father being the displaced person and occupancy rights under Section 3-A was also attested in favour of the appellant. The Court, after considering the arguments of Advocate Mohd Latif Malik for the appellant & Advocate Dileep Bhan for the respondents, held that in view of the kind of land which is recorded as “Nehri” and jinis is recorded as Munji, Maki, Gundum etc. put a question mark on vesting of rights Under section 6of the AR Act which is specifically meant for dwelling house and the site thereunder and the land appurtenant thereto.
The Financial Commissioner Revenue further held that since the land in question in Evacuee land allotted to Displaced person and thus there was no occasion for the mutating officer to attest the impugned mutations. In view of these observations and initiation of action against delinquent employees, the Financial Commissioner Revenue set aside both the mutations and direct restoration of entries existing prior to the attention of these mutation.