Jammu & Kashmir High Court
Bimla Devi vs State Of J&K; And Others. on 16 November, 2018
Bench: Chief Justice, Tashi Rabstan
Serial No. 14
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
LPA No.84/2018
IA No.1/2018
Date of order: 16.11.2018
Bimla Devi v. State of J&K and others.
Coram:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
Appearance:
For the Petitioner/Appellant(s) : Mr. Z.A.Shah, Sr. Advocate with
Mr. Jagpaal Singh, Advocate.
For the Respondent(s) : Mr. Sanjeev Kumar, Advocate for R-4 & 5.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1) Adjournment is requested by Mr. Z.A.Shah, learned senior counsel
appearing for the appellant to examine and make submissions on his proposition that though by virtue of amendment of Section 121 of the Land Revenue Act, 1996, the remedy of appeal to the Collector which was provided under the original Section 121 of the unamended Act was taken away, the appellant would have a right to maintain the appeal under the provisions provided under Section 11 of the Act.
2) We may note the submission of the learned counsel for the respondent Nos. 4 and 5 that insofar as Section 121 of the Act is concerned, it is a special provision which enables the persons who are aggrieved by the orders passed with regard to the land under Section 22 of the statute to assail the same before the Assistant Collector (under the un-amended provision and the Collector after the amendment). The orders passed by these authorities were appealable under the LPA 84/2018 Page 1 of 2 un-amended provision before the Collector. After the amendment, challenge to the order under Section 22 lies before the Collector and the applies lies before the Divisional Commissioner. It is submitted that so far as order passed under Section 22 of the Act is concerned, the remedy of appeal under Section 11 is not available.
3) It is additionally submitted by the learned counsel for respondent Nos. 4 and 5 that the appellant had specifically invoked the remedy under Section 121 of the un-amended Act and has filed the original proceedings prior to the amendment. For all these reasons the remedy of appeal is not available to the appellant.
4) At the request of learned senior counsel appearing for the appellant, list on 11th December, 2018. Let the appellant and respondent Nos. 4 and 5 shall remain present in the Court at 3.30 p.m. on 11th December, 2018.
5) In the meantime, the interim order shall continue.
(Tashi Rabstan) (Gita Mittal)
Judge Chief Justice
Jammu
16.11.2018
Vinod.
LPA 84/2018 Page 2 of 2