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State of Jammu-Kashmir - Section

Section 30 in The Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006

30. Appeal, review and revision.

(1)Any person aggrieved by an order made under section 8, section 14, [section 25 or section 29-A] [Substituted by Act XIX of 1987, section 9.] may prefer an appeal-
(a)to the Custodian, where the original order has been passed by a Deputy or an Assistant Custodian;
(b)to [the Custodian General] [Substituted by Act XXIII of Svt 2007 for 'High Court'.], where the original [or appellate] [Inserted by Act XXIII of Svt 2007 for 'High Court'.] order has been passed by the Custodian, an Additional Custodian or an authorised Deputy Custodian;
(c)[ to the High Court, against the order of the Custodian General : [Clause (c) with proviso inserted by Act XXIII of Svt. 2007.]
Provided that no appeal shall lie to the High Court against concurrent finding of the Custodian and the Custodian General.]
(2)The appeal shall be presented in such manner and within such time as may be prescribed.
(3)The Custodian to whom the appeal is preferred under clause (a) of sub-section (1), may dispose of it himself, or may make it over for disposal to an Additional Custodian or to a Deputy Custodian authorised by the Custodian in writing in this behalf (in this section referred to as the authorised Deputy Custodian) :Provided that no appeal from an order of a Deputy Custodian shall be made over for disposal to the authorised Deputy Custodian.
(4)[The [Custodian General] [Substituted by Act XVIII of 1978, Section 2.] or the Custodian] may, at any time, either on his own motion or on application made to him in this behalf, call for the record of any proceeding under this Act which is pending before, or has been disposed of, by an officer subordinate to him, for the purpose of satisfying himself as to the legality or propriety of any order passed in the said proceeding and may pass such order in relation thereto as he thinks fit :Provided that [[the Custodian General] [Substituted by Act XVIII of 1978, section 2.] or the Custodian] shall not under this sub-section pass an order revising or modifying any order affecting any person without giving such person [a reasonable] [Substituted for 'an' by Act XXIII of Svt. 2007.] opportunity of being heard:[Provided further that the custodian General shall not call for the record of any proceeding in which Custodian has with his previous approval under section 10 or section 25, passed an order.] [Substituted by XVIII of 1978, section 2.]
(5)The [Custodian General] [Inserted by Act XXIII of Svt. 2007.], Custodian, Additional Custodian or authorised Deputy Custodian, but not a Deputy or an Assistant Custodian, may, after giving notice to the parties concerned, review his own order.
(6)Subject to the foregoing provisions of this section, any order made by the [Custodian General] [Inserted by Act XXIII of Svt. 2007.], Custodian Additional Custodian, authorised Deputy Custodian, Deputy Custodian or Assistant Custodian shall be final and shall not be called in question in any Court by way of appeal or revision or in any original suit, application or execution proceeding.