Division Bench Upholds Single Judge's Authority Under Superintendence Powers, Dismissing Letters Patent Appeal
In a significant ruling, the Jammu & Kashmir High Court has dismissed an appeal challenging the Single Judge's order regarding the apportionment of land compensation. The appeal, filed by Sh. Mohd Umar Nizami, was rejected by the Division Bench comprising Justices Mr. Sanjeev Kumar and Sanjay Parihar. The Bench upheld that the appeal under Clause 12 of the Letters Patent is not maintainable as it challenged a decision made under the court's superintendence powers.
The case stemmed from a dispute between two brothers, the appellant Sh. Mohd Umar Nizami and Respondent No. 2, over the apportionment of compensation for land acquired by the state government. The land, measuring 32 kanals, was located in Village Maitra Govindpora, Tehsil Ramban. The compensation issue was initially addressed by the District Judge, Ramban, acting as a Reference Court under the Jammu & Kashmir Land Acquisition Act, 1990. The Reference Court had previously ordered a sum of Rs. 38,10,640/- to be released to the appellant.
The Respondent No. 2 challenged this order under Section 104 of the Constitution of Jammu & Kashmir. The Single Judge upheld the challenge, directing the appellant to return the released amount. The appellant then filed a Letters Patent Appeal, claiming the Single Judge's order was improper and should be reviewed.
However, the Division Bench highlighted that Clause 12 of the Letters Patent expressly bars appeals against orders passed in the exercise of superintendence powers. It affirmed that the Reference Court's orders are judicial, thus falling within the supervisory ambit akin to Article 227 of the Indian Constitution. The Bench also referenced a Supreme Court ruling in Radhey Sham v. Chhabi Nath, supporting that judicial orders by Civil Courts cannot be challenged through writ jurisdiction under Article 226, thereby reinforcing the Single Judge's decision.
The Bench further clarified that the Reference Court acts as a Civil Court, adjudicating on matters like title disputes and compensation apportionment, necessitating evidence akin to regular civil proceedings. Consequently, the power of superintendence was rightfully invoked, and the Single Judge's order was deemed beyond the purview of a Letters Patent Appeal.
Bottom Line:
Appeal under Clause 12 of Letters Patent is not maintainable against an order passed by a Single Judge in exercise of powers of superintendence under Section 104 of the Constitution of Jammu & Kashmir.
Statutory provision(s):
- Clause 12 of the Letters Patent
- Section 104 of the Constitution of Jammu & Kashmir
- Article 227 of the Constitution of India
- Sections 18 and 31 of the Jammu & Kashmir Land Acquisition Act, 1990
