BIR SINGH vs JAMMU & KASHMIR SPECIAL TRIBUNAL AND ORS

Caveat No. 2895/2018

Caveat stands discharged.

OWP No. 1068/2018

The case of the petitioner is that he is aggrieved against the order dated 11th May, 2018 passed by the respondent No. 1, whereby the Revision

Petition against the order of transfer has been entertained by the respondent No. 1 without having any question of law and public interest. It has

further been stated that the respondent Nos. 2 and 4 are not allowing the disposal of appeal pending before the Commissioner since 2008 under the

garb of frivolous litigations or transfer applications. The petitioner hence aggrieved, as the order impugned is in violation of the Section 21 of the

Agrarian Reforms Act, hence has filed the instant writ petition.

After hearing for a while, learned counsel for the petitioner submits that the petitioner would feel satisfied, if a direction is passed to the Revisional

Court that the case be decided within some stipulated time period. To this, other side has no objection. It is also submitted by the learned counsel

for the petitioner that at present, the Revisional Court has no Presiding Officer. To this, other side has also admitted that there is no Presiding officer.

In view of the above, I deem it appropriate to dispose of the instant writ petition with a liberty to petitioner to move an application before the

Chairman, J&K Special Tribunal, Jammu for transfer of case from Bench No. 3 to any other available Bench. Further, Revisional Court is

requested to decide the Revision Petition expeditiously, preferably within a period of one month from the date of receipt of Revision Petition by way of

transfer or otherwise.

With the above observations, the writ petition is disposed of along with connected MP.