STATE TIMES NEWS
JAMMU: Jammu & Kashmir and Ladakh High Court while taking serious note, directed the Financial Commissioner Revenue/ Commissioner, Agrarian Reforms of the Union Territory of Jammu & Kashmir to withdraw powers of the Commissioner under the Agrarian Reforms Act, 1076 and as the Collector under the Land Revenue Act, 1996 from the official presently posted as Additional Deputy Commissioner, Rajouri with immediate effect till further orders of the Court. This significant order was passed by Justice Rahul Bharti while hearing a petition seeking quashment of order dated 20/08/2022 passed by the respondent no. 2 in File No. RD0050000016349, RD00500000 16350 in appeal case titled ‘Mohd Sharief & Others Vs Mohd Bashir & Ors’ and also seeking restoration of the mutation no. 94 dated 21/09/1980 under Section 4 of the J&K Agrarian Reforms Act and Mutation No. 103 dated 22/02/1981 under Section 8 of the Agrarian Reforms Act.
Justice Rahul Bharti after hearing both the sides observed that Mutation no. 94 dated 21.09.1980 under section 4 followed by mutation no. 103 dated 21.02.1981 attested under the Agrarian Reforms Act, 1976 with respect to khasra no. 191/144 (3 kanal) of village Karyote, tehsil Thanamandi, district Rajouri was attested in favour of Mohd Shafi, the father of the petitioners. The two mutations came to be challenged in January, 2021 by successors-in-interest of Late Mangtu before Additional Deputy Commissioner/Collector (with powers of Commissioner Agrarian Reforms) Rajouri, who by one page order has come to set aside the said two mutations.
Court further observed that Ex-facie the order is bad, as there is no parting direction in the impugned order as to what is to follow next as a consequence of setting aside of Mutation nos. 94 & 103. The order is an exhibit of non-application of mind on the part of Additional Deputy Commissioner/Collector (with powers of Commissioner Agrarian Reforms) Rajouri.
Court issued notice to the respondents and directed the petitioner to furnish registered postal covers for service of the respondents within a period of seven days. In the meantime, subject to objections and till next date of hearing, Court ordered that the operation of impugned order dated 20.08.2022 shall remain stayed.
While staying the operation of impugned order, Justice Rahul Bharti observed that this court acting suo-moto is taking notice of the fact that the officer concerned who has passed the impugned order seems to be possessing not even an elementary knowledge of the law pertaining to the Land Revenue Act as well as the other attending laws, which includes the provisions of the Agrarian Reforms Act, 1976 and as being the Additional Deputy Commissioner/Collector (with powers of Commissioner Agrarian Reforms) Rajouri must be seized of matters and case of similar nature for adjudication by virtue of his position. “The officer cannot be allowed to adjudicate the case bearing no knowledge and understanding of the laws governing the subject and directed directs the Financial Commissioner Revenue/ Commissioner, Agrarian Reforms of the Union Territory of Jammu & Kashmir to withdraw the powers of the Commissioner under the Agrarian Reforms Act, 1076 and as the Collector under the Land Revenue Act, 1996 from the official presently posted as Additional Deputy Commissioner, Rajouri with immediate effect till further orders of the Court,” the Court directed.