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| Justice delivered after a long wait of 38 years | | | Early Times Reporter
Jammu | May 22
“Justice delayed is justice denied’ However, not in this case as it appears. Kesar Bi, fighting litigation for over 38 years was finally handed over justice after a long wait of 38 years by Supreme Court.
Giving respite to Kesar Bi Supreme Court while concurring with the judgment of Division Bench of J&K has dismissed the Special Leave Petition thus ending prolonged litigation of 38 years.
Justice Arijit Pasayat and Justice P. Sathasivam of Supreme Court of India had dismissed Special Leave Petition filed by Mohd. Hussain & Others, while upholing the judgment dated 6th Feb. 2008 of Division Bench of J&K High Court of Judicature at Jammu, which held that the order passed by the Tehsildar/Assistant Custodian dispossessing Mst. Kesar Bil, was not legal.
S. S.Legar, Sr. Advocate appearing for Mst. Kesar Bi argued that her client, after long drawn civil litigation started on 25th August. 1970, moved Custodian on 7th March, 1986, under Section 8 of the Evacuees (Administration of Property) Act, Svt. 2006 for restoration of possession of land stating that the Tehsildar/Assistant Custodian, Mendhar on the basis of Depopulation Scheme, treating as Evacuee property, dispossed her and mutated it in favour of appellants. It was contended by her before the Custodian that the Assistant Custodian did not have the jurisdiction to dispossess her while treating the property as Evacuee property. She stated before the Custodian that she approached the civil court for a declaration that the property belongs to her and the civil court had disposed of that case directing her to approach the Custodian under the Act. The Custodian found that the property in question was never declared as Evacuee property and no notification was issued to that effect under the provisions of the Act and the Rules.
Aggrieved by the order of the Custodian, a revision petition was filed before the Custodian General. The revision petition was allowed and the order of Custodian was set-aside. Appellants took up the matter before the J&K special Tribunal, by filing an appeal. The Tribunal allowed the appeal against which the matter was taken before High Court of Jammu and Kashmir. The Single Judge found no infirmity in the order of the Tribunal and dismissed the writ petition.
The Division Bench of J&K High Court comprising Justice K. S. Radhakrishnan, Chief Justice & Justice Hakim Imtiaz Hussain, while dismissing Letters Patent Appeal observed that "Section 6 of the Act specifically say that the Custodian may, from time to time, notify, either by publication in J&K Govt. Gazettee or in such other manner, as may be prescribed, declare evacuee properties which have been vested in him under this Act. No order has been produced before us to establish that the property was declared as evacuee property and no notification was produced before us. In such circumstances, we find that the order passed by the Tehsildar/Assistant Custodian, dispossessing the 7th respondent, was not legal." |
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