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| MP's wife challenges order; HC stays notice of DC Kathua | | | et plus report
Jammu, Mar 13 (JNF):- Justice Muzaffar Hussain Attar of J&K High Court Jammu Wing today after hearing Sr. Adv Sunil Sethi with Adv Adv Veenu Gupta issued notice to the State of J&K through Secretary Revenue, Deputy Commissioner Kathua and Tehsildar Hiranagar returnable within four weeks and in the meanwhile stayed the order of Deputy Commissioner Kathua passed on March 5, 2013. This order dictated by Justice Muzaffar Hussain Attar in open Court.
The order was passed in a petition filed by RB Educational Trust Kathua through Trustee Kanta Andotra w/o Ch Lal Singh MP Challenging the order dated March 5, 2013 passed by Deputy Commissioner Kathua contrary to the provisions of Agrarian Reforms Act and seeking quashment of the said order.
In the petition it has been submitted that petitioner is an educational trust and trustee of the petitioner trust Kanta Andotra w/o of Ch Lal Singh MP and the trust is holding the landed property in Hira Nagar and is running numbers of educational institutions and trust is presently holding land which is 40 Kanal Gair Mumkin, 122 Kanal Banjar Kadin, 70 Kanals Irrigated land in the shape of Orchard and 80 Kanals of nehari land.
The relevant revenue records evidencing the details of land are also enclosed.
In the petition it has been mentioned that Public Interest Litigation before the High Court initially was pertaining to some other persons and in that PIL, a CMA has been filed against the husband (Ch Lal Singh) of the Trustee who is Member Parliament alleging therein that he is in illegal encroachment of 92 Kanals 6
Marlas of state Land. The said application/CMA has been filed on the basis of some report of the Vigilance Organization sent to the Govt in the year 2006 and the Govt has not taken any decision thereupon.
In the petition it has been further submitted that is separate issue as the land under reference is not in possession of husband of the Trustee, Ch Lal Singh MP and his name had been wrongly dragged into the said controversy.
That so far as land which is in possession of the petitioner's trust is concerned, the detail of accusation is under the petitioner trust has acquired property vide various sale deeds.
In the petition it has been mentioned that the Deputy Commissioner Kathua has passed the order dated March 5, 2013 directing the petitioner to elect the land as per the scale of Agrarian Reform Act and has further directed that rest of the land will be escheated to the state u/s 14 Agrarian Reform Act and seeking quashment of the order dated March 5, 2013 passed by the Deputy commissioner Kathua being totally illegal and contrary to the provisions of the Agrarian Reform Act. |
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