SRINAGAR, AUGUST 17 (KNC): The High Court of Jammu & Kashmir and Ladakh has held that it cannot transfer a case from one Revenue Court to another when the governing law already provides a specific statutory mechanism for withdrawal and transfer of cases.
Justice Sanjay Dhar made the observation while hearing a petition seeking transfer of an appeal pending before the Joint Agrarian Reforms Commissioner/Additional Deputy Commissioner, Kulgam, to another competent court at Srinagar.
The petitioners had approached the High Court seeking transfer of the pending revenue matter. However, the Court examined the relevant provisions governing the transfer of cases between Revenue Courts and held that the petitioners were required to approach the competent statutory authority under the prescribed legal framework.
The Court noted that Section 19(2) of the Jammu and Kashmir Agrarian Reforms Act, 1976, read with Section 10 of the Jammu and Kashmir Land Revenue Act, 1996, provides a specific mechanism for the withdrawal and transfer of cases between Revenue Courts.
Under Section 10 of the Land Revenue Act, the Financial Commissioner, Divisional Commissioner or Collector is empowered to withdraw a case pending before a Revenue Officer under his control and either deal with the matter himself or refer it for disposal to another Revenue Officer under his control.
While dealing with the plea, the High Court categorically observed that it does not possess the power under the Land Revenue Act to transfer a case from one Revenue Court to another Revenue Court.
The Court accordingly held that the petitioners should have first approached the appropriate forum prescribed under the statutory scheme instead of directly invoking the jurisdiction of the High Court for transfer of the matter.
In view of the statutory remedy available to the petitioners, the High Court found the transfer petition not maintainable and dismissed it.
However, the Court granted liberty to the petitioners to approach the competent forum in accordance with law for seeking the relief of transfer.
The ruling underscores the importance of following the statutory mechanism provided under revenue laws and makes it clear that the High Court cannot exercise a transfer power where the legislation itself has vested such authority in designated Revenue Officers or authorities.(KNC)
