Jammu & Kashmir High Court Quashes Orders Against Landowner, Upholds Civil Court Jurisdiction

Principles of Natural Justice and Res Sub Judice Doctrine Prevail in Land Dispute Judgment  

In a significant judgment, the Jammu and Kashmir High Court, presided over by Justice Wasim Sadiq Nargal, has quashed three impugned orders issued by local authorities against Abdul Rashid Khan, concerning a land dispute with respondent no. 5. The case, OWP No. 322 of 2018, revolved around the alleged encroachment of a common pathway by the petitioner, which was contested by the respondent. The court's decision emphasized adherence to principles of natural justice and the doctrine of res sub judice.  

The court found that the orders dated March 3, 2016, May 23, 2016, and February 27, 2018, were issued in violation of procedural norms and without proper jurisdiction. The Tehsildar Pattan had previously acknowledged the pending civil suit concerning the same subject matter but later proceeded with the case without justifiable cause. The court noted the failure to adhere to the res sub judice doctrine, which prevents simultaneous adjudication of the same dispute in different forums to avoid conflicting judgments.  

Furthermore, the court highlighted procedural irregularities, particularly the preponement of a hearing without notifying the petitioner, breaching principles of natural justice. The court referenced previous judgments, including those by the Supreme Court, reinforcing the necessity of fair hearing and due process in quasi-judicial proceedings.  

Justice Nargal stated that the impugned orders were unsustainable in law due to procedural lapses and the failure to consider the civil court's jurisdiction. The judgment affirms the civil court's precedence over revenue authorities in matters of private land rights, ensuring that the petitioner can enjoy his property without undue interference.  

Bottom Line:

Principles of natural justice and procedural safeguards must be adhered to in quasi-judicial proceedings. Parallel adjudication of the same dispute in civil and revenue courts is impermissible under the doctrine of res sub judice.

Statutory provision(s): Common Lands Act, 1956, Section 3; Civil Procedure Code, 1908, Section 10; Principles of Natural Justice (Audi alteram partem).

Abdul Rashid Khan v. State of JK, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2816449