Jammu and Kashmir High Court Upholds Jurisdictional Bar on Civil Courts in Agrarian Reform Matters

High Court dismisses petition challenging lower courts’ decisions, affirming exclusive jurisdiction of Agrarian Reform authorities over land resumption and mutation issues.

In a significant ruling, the Jammu and Kashmir High Court, led by Justice Sanjay Dhar, has reinforced the jurisdictional boundaries set by the Jammu and Kashmir Agrarian Reforms Act, dismissing a petition that challenged lower courts' decisions regarding land resumption and mutation issues. The case, Ghulam Mohammad Reshi @ Gulla v. Smt. Kamla Ji, centered around a dispute over land possession and the applicability of civil court jurisdiction in such matters.

The petitioners, Ghulam Mohammad Reshi and another, sought a permanent prohibitory injunction against the respondents, claiming long-standing possession and tenant rights over the disputed land in Anantnag district. However, the defendants contended that the land had been vested in them under the Agrarian Reforms Act, citing a mutation attested in their favor.

The trial court and the appellate court both dismissed the petitioners' claims, emphasizing that the civil courts do not have jurisdiction over matters governed by the Agrarian Reforms Act. The courts found that any issues concerning land resumption and mutations must be addressed by the designated authorities under the Act. The High Court upheld these decisions, affirming that the civil court's intervention was not justified given the statutory framework.

Justice Dhar's judgment highlighted the procedures prescribed under the Agrarian Reforms Act and Rules, particularly emphasizing that the Revenue Officer is tasked with handling such disputes. The ruling reiterated that Section 25 of the Act bars civil courts from settling or deciding matters arising under the Act, thereby reinforcing the exclusive domain of Agrarian Reform authorities.

The court also addressed the petitioners' argument regarding the deletion of Section 19(3) of the Act, clarifying that this deletion did not affect the jurisdictional bar or the procedures for land resumption. The High Court concluded that the lower courts' findings were neither illegal nor perverse, thus not warranting interference under its supervisory jurisdiction as per Article 227 of the Constitution.

The decision underscores the importance of adhering to the legal frameworks established for agrarian reform and the clear delineation of jurisdiction between civil courts and specialized authorities. This ruling is expected to have a significant impact on similar disputes, ensuring that matters related to agrarian reforms remain within the purview of the designated authorities, thereby streamlining the resolution process for such cases.

Bottom Line:

Jurisdiction of civil courts is barred in matters concerning issues under the Jammu and Kashmir Agrarian Reforms Act, particularly regarding resumption of land and related mutations, as these are within the exclusive domain of the authorities and officers under the Act.

Statutory provision(s): Jammu and Kashmir Agrarian Reforms Act - Section 7, Section 25, Section 19(3); Constitution of India - Article 227.

Ghulam Mohammad Reshi @ Gulla v. Smt. Kamla Ji, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2818529