Deputy Commissioner Empowered to Dispose Cases In Transfer Applications Under Section 10 J&K Land Revenue Act: Jammu & Kashmir and Ladakh High Court

The Jammu & Kashmir and Ladakh High Court observed that, under the J&K Land Revenue Act (the Act) , the Financial Commissioner, Divisional Commissioner or the Collector has been given the power to withdraw any case pending before any revenue officer under his control, and he can either dispose of the matter himself or by the written order refer it for disposal to any other revenue officer under his control.

The Court considered the scope of powers of the Financial Commissioner, Divisional Commissioner or the Collector to withdraw and transfer cases under Section 10 of the Act.

The Bench of Justice Moksha Khajuria Kazmi observed, “From a perusal of the provisions contained in Section 10 of the Land Revenue Act, it is evident that the Financial Commissioner, Divisional Commissioner or the Collector are empowered to withdraw any case pending before any revenue officer under his control, and he can either dispose of the matter himself or by the written order refer it for disposal to any other revenue officer under his control.”

Advocate R.K.S.Thakur represented the Petitioner, while Senior Assistant Attorney General Monika Kohli represented the Respondents.

Case Brief

The Petitioners contended that the Deputy Commissioner, Udhampur instead of deciding the application for transfer under Section 10 of the Act, decided the matter on merits. The Deputy Commissioner ordered that the entries made in the khasra Girdwaries in favour of the Petitioners to be deleted, and directed the Tehsildar Majalta to proceed with the partition proceedings after deleting those entries.

According to the Petitioners, the aforesaid direction on merit passed by the Deputy Commissioner was without jurisdiction.

The Respondent submitted that there is no illegality in the impugned orders, as Section 10 of the Land Revenue Act provides ample powers to the Collector, Divisional Commissioner, or Financial Commissioner to decide the main matter on merits even if it is originated as a transfer application.

Court’s Analysis

The Court examined Section 10 of the Act and held that the said Section is required to be understood to mean that the Financial Commissioner or the Divisional Commissioner may withdraw any case pending before any revenue officer under his control and transfer it for disposal to any other revenue officer under his control having jurisdiction to hear such case.

“Thus, there is no error apparent in the exercise of such power by the Deputy Commissioner. Therefore, the present writ petition is barred under Section 10 of the Land Revenue Act and is not maintainable on this ground alone”, the Court held.

Accordingly, the Court dismissed the Petition.

Cause Title: Bhagu Ram and Ors V. Joint Financial Commissioner Revenue Jammu and Ors

Appearance:

Petitioner: Advocate R.K.S.Thakur

Respondents: Advocates Chetna Manhas, Monika Kohli (Sr. AAG), Rohit Verma and Vikas Mangotra

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