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Judgment
The petitioners’ case is that they applied for the restoration of evacuee land which was in the possession of the respondents, under Section
14(1) of the Evacuee Property Act before the Custodian Jammu who allowed the same on 07.09.2017 by directing the Assistant Custodian(Tehsildar)
Samba to dispossess the private respondents and handover the possession to the petitioners.Â
It is stated that against the against the aforesaid order dated 07.09.2017 respondents filed a revision petition before the Custodian GeneralÂ
who admitted the revision petition and directed the parties to maintain status quo till next date of hearing. On 14.12.2017 the Custodian General after
hearing the parties decided not to extend the order of status quo and as such vacated the same. Thereafter, petitioner filed a caveat before the Special
Tribunal, Jammu. The private respondents also preferred a revision petition before the Special Tribunal, Jammu which was taken on board by the
Tribunal on 19.12.2017 and stayed the impugned order, without hearing the Caveator.
Feeling aggrieved by the conduct of the Tribunal, petitioners filed an application for transfer of the case to any other Bench on the grounds
mentioned in the application. It is further stated that despite filing of the transfer application, respondent No. 1-Tribunal paid no heed and decided to
dispose of revision petition on merits. The petitioners filed another application on 30.05.2018 requesting respondent No. 1-Tribunal to decide the fate of
transfer application before hearing the final arguments in the petition filed by the private respondents.Â
During the course of the arguments, learned counsel for the petitioner states that the petitioners would be satisfied, if respondent No. 1-Chairperson
J&K Spl. Tribunal, Jammu is directed to decide the transfer application field by the petitioners within some time bound manner. There is no legal
impediment in granting such relief.
In view of the aforesaid submissions made by learned counsel for the petitioners and in the facts of the case, the instant writ petition is disposed of
with the direction to respondent No. 1-Chairperson J&K Spl. Tribunal, Jammu to dispose of the transfer application of the petitioners, expeditiously,
preferably within a period of two weeks from the date of receipt of certified copy of this order.Â
With the aforementioned observations, the writ petition is disposed of along with connected MP.