J&K&L High Court Directs Govt To Withdraw Powers Under Agrarian Reforms Act From Add ‘I Deputy Commissioner Rajouri: Lacks Elementary Knowledge

The Jammu & Kashmir and Ladakh High Court in the case Mohd. Bashir Vs UT of J&K observed and has recently taken suo moto notice of the lack of “even elementary knowledge” with regards to the land laws being displayed by the additional Deputy Commissioner in Rajouri district who has been conferred with powers of Commissioner under the Agrarian Reforms Act, 1976 and that of the Collector under the Land Revenue Act, 1996.
The bench comprising of Justice Rahul Bharti observed and has directed that the Financial Commissioner Revenue/ Commissioner, Agrarian Reforms to withdraw such powers from the concerned official.
The bench while referring to an order passed by the said official setting aside two mutations observed that ex-facie the order is bad, as there is no parting direction in the impugned order as to what is to be followed next as a consequence of setting aside of Mutation. The order being an exhibit of non-application of mind on the part of the Additional Deputy Commissioner/Collector.
The court heard the petition, wherein seeking restoration of the two mutations under Section 4 of the Jammu & Kashmir Agrarian Reforms Act and under Section 8 of the Agrarian Reforms Act.
It was noted by Justice Bharti that the mutations were set aside by the Additional Deputy Commissioner, Rajouri by a “one page order”.
It was observed by the bench that the court is being acting suo-moto is taking notice of the fact that the officer concerned who has passed the impugned order seems to have been possessing not even an elementary knowledge of the law pertaining to the Land Revenue Act as well as that of the other attending laws which includes the provisions of the Agrarian Reforms Act, 1976 and as being the Additional Deputy Commissioner or the Collector (with powers of Commissioner Agrarian Reforms) Rajouri must be seized of matters and similar nature of cases for adjudication by virtue of his position. It was stated that the said officer cannot be allowed for adjudicating the case bearing no knowledge and understanding of the laws governing the subject.
Thus, it was stated that the operation of the impugned orders cancelling mutation and issued notices to the Respondents, which is returnable on December 5.