DC can adjudicate controversy or transfer it under LRA: High Court

Srinagar, Jun 28: The High Court of J&K and Ladakh has held that the Financial Commissioner, Divisional Commissioner, and Collector can withdraw any case pending before a revenue officer under their control, decide the same or refer it to another competent revenue officer for decision under Land Revenue Act (LRA).

A bench of Justice Justice Moksha Khajuria Kazmi said this while dismissing a plea filed by Bhagu Ram and others at Jammu against the order of Deputy Commissioner Udhampur and the orders passed by the revenue authorities subsequently in a revenue matter.

The primary contention of the petitioners before the High Court was that the application filed under Section 10 of the Land Revenue Act was not decided in accordance with the scope of the provision. According to them, the Deputy Commissioner Udhampur was only required to assess whether grounds for transfer of the case from Tehsildar Majalta to another officer were made out or not.

They submitted that instead of deciding the transfer application, the Deputy Commissioner proceeded to determine the merits of the matter and directed the deletion of Khasra Girdawari entries in favour of the petitioners.

“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,” the court said.

The Court noted that there was no error apparent in the exercise of such power by the Deputy Commissioner and therefore the petition before it was barred under Section 10 of the Land Revenue Act and was not maintainable on this ground alone.

In their plea before the High Court, the petitioners had challenged the order dated 06.03.2015 passed by Deputy Commissioner Udhampur in a petition filed under Section 10 of the Land Revenue Act, wherein, instead of deciding the issue of transfer of the case from the Court of Tehsildar, Majalta to another Revenue Court, the Deputy Commissioner adjudicated the main controversy, which, they said, was without jurisdiction.

The petitioners had also challenged the order dated 17.03.2021 passed by Joint Financial Commissioner (Revenue), Jammu, whereby their revision petition filed was dismissed. Moreover, they had challenged the order dated 30.04.2016 passed by Divisional Commissioner, Jammu whereby their revision filed against orders dated 06.03.2015 and 10.06.2015 passed by Deputy Commissioner, Udhampur, was dismissed.

“ Since the partition has already been carried out by the Tehsildar Majalta on 07.11.2016, after serving notice to the petitioners, thereby implementing the orders passed by the Deputy Commissioner, Udhampur and Divisional Commissioner, Jammu, and as the order dated 07.11.2016 has been challenged before the Additional District Judge, Udhampur by way of an appeal which has been dismissed for non-prosecution, the petitioners can still pursue their remedy,” the court said and added nothing survived in the petition for its adjudication.

The Court, accordingly, dismissed the petition.