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

Jammu & Kashmir and Ladakh High Court recently took suo moto notice of the lack of "even elementary knowledge" regarding land laws displayed by an Additional Deputy Commissioner in Rajouri district who is conferred with powers of Commissioner under the Agrarian Reforms Act, 1976 and that of Collector under the Land Revenue Act, 1996.A bench of Justice Rahul Bharti thus directed the Financial Commissioner Revenue/ Commissioner, Agrarian Reforms to withdraw such powers from the concerned official.Referring to an order passed by the said official setting aside two mutations, the bench observed,"Ex-facie the order is bad, as there is no parting direction in the impugned order as to what is to follow next as a consequence of setting aside of Mutation...The order is an exhibit of non-application of mind on the part of the Additional Deputy Commissioner/Collector..."The Court was hearing a plea seeking restoration of the two mutations under Section 4 of the J&K Agrarian Reforms Act and under Section 8 of the Agrarian Reforms Act. Justice Bharti noted that the mutations were set aside by the Additional Deputy Commissioner, Rajouri by a "one page order"."This court acting suo-moto is taking notice of the fact that the officer concerned who has passed the impugned order seems to be possessing not even an elementary knowledge of the law pertaining to the Land Revenue Act as well as the other attending laws, which includes the provisions of the Agrarian Reforms Act, 1976 and as being the Additional Deputy Commissioner/Collector (with powers of Commissioner Agrarian Reforms) Rajouri must be seized of matters and case of similar nature for adjudication by virtue of his position. Said officer cannot be allowed to adjudicate the case bearing no knowledge and understanding of the laws governing the subject." It thus stayed the operation of the impugned orders cancelling mutation and issued notices to the Respondents, returnable on December 5.Case Title : Mohd. Bashir Vs UT of J&KCitation: 2022 LiveLaw (JKL) 196 Click Here To Read/Download Order

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

Basit Amin Makhdoomi

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