Excelsior Correspondent
Srinagar, Dec 18 : Observing that the right of hearing is a valuable right to a person against whom action is being taken, the High Court has reprimanded the Revenue authorities for setting aside the entries in Revenue records of the land situated in Sonmarg without giving opportunity to the land owner and quashed all orders passed by the Revenue authorities.
Justice Sanjay Dhar quashed all the communications and the order of the Financial Commissioner, J&K whereby these communications were held to be valid. Court allowed the petition of aggrieved land owner and set aside orders and communications issued by the Director Land Records, Kashmir Deputy Commissioner, Tehsildar, Kangan and the order of Financial Commissioner J&K with the direction to pass appropriate orders in respect of the entries existing in favour of the petitioner-land owner with regard to the land in question after holding a fresh enquiry in which petitioner be given an opportunity of hearing.
Petitioner claims to be the owner in possession of land in question for the last more than five decades through his predecessors. He submits that on the basis of some false and fabricated complaints in respect of the land under certain other survey numbers in the vicinity of the land in question, Director Land Records without holding a full-fledged enquiry into the matter, made certain observations in the impugned report dated 25.06.2003 which are adverse to his rights and interests.
The report was forwarded to the Deputy Commissioner Srinagar with the recommendation to set aside the entries in favour of the petitioner-land owner and restore the entries in favour of the State. The petitioner challenged all these communications and orders on the ground that these orders and communications have been issued without application of mind and without giving him opportunity of being heard.
“Right of hearing is a valuable right given to a person whose rights are being affected by proposed action of any judicial or quasi-judicial authority. Even in the realm of administrative actions where rights of a person are going to be affected by such actions, the Courts have read the principles of natural justice into such actions of administrative authorities”, Justice Dhar recorded.
Such an approach, court added, on the part of revenue authorities vested with power under the J&K Land Revenue Act cannot be countenanced in law. “On top of it, the learned Financial Commissioner, Revenue, has shut out the case of petitioners by observing that they did not deserve any right of hearing at all as the rights on the land in question were conferred upon them by deceit and illegal means”, Justice Dhar further added.
On part of action taken by the Director Land Records court said if he would have given an opportunity of hearing to the petitioner before recommending cancellation of his entries in respect of the land in question, the petitioner would have, besides presenting his case before the said Revenue Officer, got an option of getting the dispute determined in accordance with Section 26 of the Act by approaching the civil court of competent jurisdiction.
Court while expressing its serious concern on part of the officials, said none of the authorities gave such an opportunity to the petitioner thereby depriving him of his valuable right of judicial review of the action of respondents. “The Financial Commissioner, Revenue, has, by passing the impugned order in the revision petition, put his seal of approval upon illegal acts of the other respondents. His order is, therefore, not sustainable in law”, Court observed on passing of order passed by the FC.
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