This was against the very spirit of the Rules of Natural Justice that the factual basis upon which an exercise of statutory power is intended to be initiated and exercised against a prospective aggrieved person, he or she is not fully briefed about the factual frame of the case.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 14th of September, 2022 in which the court held that the impugned judgement was bad in the eyes of the law and hence they quashed the order. This was seen in the case of Raj Kumar Sharma vs Collector Agrarian Reforms And others (OWP No. 1397/2015 IA No. 1/2015). The case was presided over by The Honourable Mr Justice Rahul Bharti.
FACTS OF THE CASE:
The present writ petition is addressed to challenge the legality and validity of an Order passed by respondent no. 1- the Collector Agrarian Reforms. The petitioner is in use and occupation of land and the recorded original owner of the said land is said to be one Nikka. The petitioner’s use and occupation of the said land are by reference to an agreement to sell executed between him and the said original owner. Thus, the possession of the petitioner over the said land is free from factual dispute. However, a sister of the original owner Nikka filed an application for seeking partition with his brother. Tehsildar had registered his disapproval to the said use and occupation of land in the hands of the petitioner which resulted in a course of action finally shaping up in the issuance of the above said impugned notice.
JUDGEMENT:
The court held that the judgement was invalid on the ground that the necessary course of action was not followed while passing the judgement. Finally, the court ordered that the impugned judgement is bad in law and hence deserves to be quashed.
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JUDGEMENT REVIEWED BY KRITI GUPTA