Sona Wani and Others vs Financial Commr. and Another

Mansoor Ahmad Mir, J.—By the medium of this writ petition, petitioner has questioned and sought quashment of order dated 9th of April,

2001, passed by Financial Commissioner J&K Government-respondent No. 1 in respect of land falling under survey No. 1048 situated at village

Malmoha Tehsil Pattan on the grounds taken in the writ petition.

Precisely the case of the petitioner is that an application was moved before Settlement Officer Consolidation of Holdings who passed order

dated 29.09.1997 in favour of private respondents, was subject matter of appeal before Director Consolidation Appeals which was filed by

present petitioner, came to be allowed vide order dated 03-07-1999 and impugned order set-aside with the direction to the settlement officer

consolidation to conduct enquiry. Private respondents questioned the order by the medium of appeal.

In that appeal an order was passed on 24th of April, 2000 which was questioned by the petitioner by the medium of revision petition No.

19/AP-FC instituted on 9th of May, 2000 and decided on 29th of September, 2000 and revision petition came to be dismissed. A review petition

was filed by the private respondents and questioned the order passed by the Financial Commissioner.

The review petition came to be dismissed and thereafter, it appears that, an application in terms of Section 8 of Land Revenue Act had been

preferred before Financial Commissioner with the allegation that the records have been forged and rectification of all such entries was sought.

Financial Commissioner came to the conclusion that records have been fabricated and while allowing the application in terms of Section 8 of Land

Revenue Act, directed the authorities to rectify the entries and to report compliance. It is this order which is questioned in this writ petition.

The order has been passed in terms of Section 8 of Land Revenue Act by the Financial Commissioner, because he has, in general, control over

all revenue officers, besides the general superintendence. It is apt to reproduce Section 8 of Land Revenue Act herein:-

Control

(1) The general superintendence and control over all Revenue offices shall be vested with the Government.

(2) The (Divisional Commissioner), the Collectors and Assistant Collectors shall be subordinate to and under the control of the Financial

Commissioner.

(3) Subject to the control of the Financial Commissioner, the Collectors shall be subordinate to and under the control of a (Divisional

Commissioner).

(4) Subject as aforesaid and to the control of the (Divisional Commissioner,) all other Revenue officers in his district shall be subordinate to and

under the control of a Collector).

(5) Subject as aforesaid and to the control of Collector, an Assistant Collector of the second class shall be subordinate to and under the control of

an Assistant Collector of the first class).

The order of similar type was questioned in a writ petition before this court, in the case titled as Gh. Rasool Dar and Another Vs. State and

Others, and the same was dismissed while holding the order passed u/s 8 cannot be made the subject matter of the writ petition. However, the

aggrieved can seek appropriate remedy.

Having glance of the above discussion, the writ petition is dismissed with the liberty to petitioner to seek appropriate remedy available under

law.

The writ petition, as such, is dismissed along with all CMPs. Interim direction, if any, shall stand vacated.