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2026 DAILYLAW 1975 (JK)

Tariq Hamid v. Ahmedullah

2026-04-08

Arun Palli, Rajnesh Oswal

body2026
ORDER : 1. The instant appeal has been filed by the appellants against order dated 31.10.2023 passed in OWP No. 467/2007 by the learned Single Judge, whereby, the learned Writ Court, while allowing the writ petition, preferred by the private respondents herein, also quashed the order dated 03.09.2003 passed by the Assistant Deputy Commissioner (with the powers of Commissioner of Agrarian Reforms) and remanded the matter to the Collector Agrarian Reforms, Ramban for adjudication of the suit of the private respondents, appellants herein, afresh in accordance with law. 2. The order dated 31.10.2023 has been passed by the learned Writ Court on the premise that the suit of the private respondents, appellants herein was cognizable by the Collector and not by the Additional Deputy Commissioner, Ramban, who in fact, was vested with the powers of appellate authority under the provisions Agrarian Reforms Act, 1996. 3. After arguing for a while, learned counsel for the appellants submits that the grievance of the appellants shall stand redressed, in case, the Collector, Agrarian Reforms, Ramban is directed to decide the suit of the appellants within a period of two months. 4. Learned counsel appearing for the private respondents is not averse to the submissions made by the learned counsel for the appellants. 5. Viewed thus, this appeal is disposed of by directing the Collector Agrarian Reforms, Ramban to decide the suit afresh in accordance with law within a period of three months from the date a copy of this order is made available in the office of the Collector. Needless to say, we have not expressed any opinion on the merits of the claims of the parties.