Jammu, Dec 01: The High Court of Jammu & Kashmir and Ladakh has ruled that revenue authorities cannot interfere in matters already pending before a civil court, reaffirming the supremacy of civil jurisdiction in land disputes.
The judgment was delivered by Justice Sanjay Dhar while hearing a petition filed by Ghulam Nabi Bhat of Pattan, Baramulla. The petitioner had challenged orders passed by Tehsildar Pattan, Divisional Commissioner Kashmir, and Financial Commissioner Revenue, which had directed mutation of land despite the matter being sub judice before a civil court.
Justice Dhar observed that the Tehsildar Pattan, Mohammad Ashraf, acted beyond his jurisdiction by adjudicating a private land dispute that was already pending before the court of Sub Judge Pattan. The High Court further noted that Divisional Commissioner Kashmir, Vijay Kumar Bidhuri, and Financial Commissioner Revenue, Shaleen Kabra, erred in upholding the Tehsildar’s order.
The bench held that civil court jurisdiction is superior and revenue authorities are legally bound to defer proceedings when the subject matter is before a civil forum. The court emphasized that parallel adjudication undermines the rights of litigating parties and violates principles of natural justice.
Quashing the impugned orders, the High Court directed that the civil suit filed by Ghulam Nabi Bhat be allowed to proceed without interference from revenue officials. The ruling has been welcomed by legal experts as a safeguard against administrative overreach in land-related matters.
