Garoo Singh vs State of J&K

Writ petition was preferred by the legal heirs of one Desa Singh seeking writ of certiorari to quash order dated November 26, 2001 passed by

the Minister for Revenue and also other consequential reliefs.

The main contention raised by learned counsel for the appellants is that the Minister has no jurisdiction to entertain the revision under the J&K

Grant of Permanent Resident Certificate (Procedure) Rules, 1968. Further, it is also stated that no proper enquiry was conducted before cancelling

the permanent resident certificates. Learned Single Judge found no basis in the contention raised by the learned counsel for the writ petitioners and

dismissed the writ petition. Aggrieved by that order, the writ petitioners have preferred this appeal.

Learned counsel appearing for the State, submitted that Revenue Minister has got the jurisdiction and powers of revision of the orders passed

under the Act. Reference was made to Rule 7 of the J&K Grant of Permanent Resident Certificate (Procedure) Rules, 1968, which specifically

says that an application for revision under sub-section (1) of section 6 shall be accompanied by a copy of the order of which revision is sought and

may be presented to the Secretary to Government, Revenue Department, and, if he finds it to be in order he shall admit it for being heard by the

Revenue Minister, provided that when the revisional authority is holding office in a division other than the one to which an application for revision

pertains. Such application may be presented before a Revenue Officer for transmission to such revisional authority. Learned counsel submitted that

under Rule 7, Revenue Minister has the jurisdiction and power of revision and the impugned order was passed by the Minister in accordance with

law.

We find no basis in the contention of learned counsel for the appellant. Section 6(1) of the Act confer powers on the Government to uphold or

revise the orders of the Competent Authority or pass any orders or give any direction as it may deem fit. Section 8 of the Act also empowers the

Government to delegate its powers to an officer. But that does not mean that the Ministers of Revenue cannot exercise that power. The power

conferred on the Government can be exercised by the Revenue Minister. Section 9(2)(b) confers rule making powers on the Government to lay

down procedure for presentation, hearing and disposal of revision petition. It is in exercise of that powers the Government have framed the J&K

Grant of Permanent Certificate (Procedure) Act, 1968. Rule 7 confers revisional powers on the Revenue Minister. Therefore, the Minister has got

jurisdiction to dispose of the revision petition.

We have also gone through the order passed by the Minister as also perused the report submitted by the Enquiry Officer, the then Additional

Deputy Commissioner. For the reasons stated in the report submitted by the Enquiry Officer, it is clearly found that the certificates issued were

forged one. The Enquiry Officer himself has perused the file after visiting the Revenue Office and was convinced that the earlier reports sent were

false. Enquiry was conducted by a competent authority and after conducting detailed enquiry, the Enquiry Officer came to the conclusion that the

certificates issued were fake. Learned Single Judge has rightly dismissed the writ petition. The revisional authority has rightly accepted the report

and passed the order.

That being the factual and legal position, we find no reason to entertain this appeal. The appeal lacks merit and the same is, therefore, dismissed.

However, in the facts and circumstances of the case, we direct the respondents not to initiate prosecution proceedings against the children of

Desa Singh for the alleged commission of offence by Desa Singh.