Section 21 in Jammu and Kashmir Agrarian Reforms Act, 1976
21. Appeals and revisions
(1) Any person aggrieved by a final order of a Collector or a Revenue Officer of a class lower than that of a Collector may prefer an appeal to the Commissioner having jurisdiction in the area to which the appeal relates.(2)[ The Revenue Minister may at any time call for the record of any case in which a Tehsildar or an Assistant Commissioner has passed orders in respect of any evacuees' land or State land or of any case in which Commissioner has passed final order and if he finds that a question of law or public interest is involved in the case, he may pass such orders thereon as he thinks fit:Provided that no order shall be passed against any party without affording that party an opportunity of being heard.] [Substitution by Act No. IV of 1989, section 5.](3)No application for review shall lie against any order passed under this Act or the rules made thereunder, but clerical or arithmetical mistakes in orders or errors a rising therein from any accidental slip or omission may, at any time, be corrected by the authority, which has made such order.(4)First appeal against a final order passed under the Jammu and Kashmir Agrarian Reforms Act, 1972 or the rules framed thereunder pending at the commencement of this Act shall be transferred to the Commissioner having jurisdiction in the area to which such appeal relates and the Commissioner shall thereupon dispose of such appeal in accordance with the provisions of this Act.(5)Second appeal against a final order pending before the Financial Commissioner or any revision against a final order pending before the Revenue Minister under the Jammu and Kashmir Agrarian Reforms Act, 1972 or the rules framed thereunder shall be disposed of in accordance with the provisions of this Act by the Revenue Minister, the second appeal before the Financial Commissioner being treated as an application for revision under this Act.(6)Any appeal or revision against-any other order passed under the Jammu and Kashmir Agrarian Reforms Act, 1972 or the rules framed thereunder, pending at the commencement of this Act, shall abate, but nothing herein shall deprive an aggrieved party from contesting such order in an appeal or a revision against a final order that may be passed in the proceedings from which such appeal or revision had arisen.(7)(a)Where, in an appeal or revision, an application for stay is made, the appellate or the revisional authority, as the case maybe, shall in all cases, except where it appears that the object of granting stay would be defeated by the delay, before granting the stay, direct notice of the application for the same to be given to the opposite party.(b)Where the appellate or revisional authority grants a stay, such stay shall be granted on such terms as to the duration thereof, keeping an account, giving security or otherwise as the authority thinks fit.(8)A stay granted by an appellate or a revisional authority in an appeal or revision shall, in cases where such appeal or revision stands transferred by sub-section (4) to the Commissioner or by sub-section (5) to the Revenue Minister, stand vacated after a period of twenty days from the date of such transfer unless such stay is in the meanwhile re-affirmed in accordance with the provisions of sub-section (7).
