Cm(5682/2022) vs Ut Of J&K And Others
2022 Latest Caselaw 1754 j&K/2

                                                                      Serial 97
                                                                   Supplementary-1


       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR


                                                                   WP(C) 2271/2022
                                                                    CM(5682/2022)
Gani Wagay and others
                                                      ... Petitioner/Appellant(s)
Through: Mr. Mir Manzoor, Advocate

                       V/s
UT of J&K and others
                                                               ... Respondent(s)


CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                  ORDER

12-20-2022

1. The short grievance projected by the petitioners in this petition is that

pursuant to the directions issued by this court on 12.11.2021 in WP (C)

2324/2021, the respondent no. 4 has filed an application for

demarcation and possession of his land. In the aforesaid application

preferred by respondent no. 4, the Tehsildar, Damhal Hanjipora has

passed the impugned order dated 1.6.2022 directing the Naib Tehsildar,

Khur Batpora, to proceed on spot and take over the possession of land

measuring 15 kanals and 7 marlas falling under different survey

numbers in estate Batpora ["the subject land"].

2. Learned counsel for the petitioner submits that the impugned order

passed by the Tehsildar D. H. Pora is not in tune with the directions

issued by this court. The Tehsildar D. H. Pora, has without conducting

the demarcation directed the Naib Tehsildar to proceed on spot and

dispossess the petitioners by way of the impugned order.

3. Having heard learned counsel for the petitioner and perused the

material on record, I am of the view that the impugned order as also the

orders that may be passed by the Tehsildar concerned in the

proceedings undertaken for demarcation of the land in compliance to

the directions passed by this court, are assailable before the appropriate

forum/fora created under the Land Revenue Act.

4. The petitioner has, without exploring the remedies provided under the

Land Revenue Act straightway challenged the order of Tehsildar by

invoking the extraordinary writ jurisdiction of this court. The

apprehension of the petitioner that the observations made by the civil

court in a suit pending between the parties may come in his way in

assailing the impugned order, is without any substance. The order of

this court is clear and unequivocal and directs the Tehsildar concerned

only to consider the application of respondent no. 4 for demarcation

and pass appropriate orders in accordance with law. Any order that

may be passed by the Tehsildar in the proceedings for demarcation or

for some other purpose under the Land Revenue Act is liable to be

challenged before the forum/fora provided under the Land Revenue

Act.

5. In the face of availability of complete mechanism provided under the

Land Revenue Act for filing appeals and revisions against the orders

passed by the revenue officers, there is no point in entertaining the writ

petition under Article 226 of the Constitution of India against the

orders passed by the revenue officers of the lower rungs.

6. In view of the above, this petition is held to be not maintainable in the

face of availability of alternative statutory remedy and the same is

accordingly dismissed. Needless to say that in case the petitioner avails

of the remedies available under the Land Revenue Act, the appellate

authority or the revisional authority, as the case may be, shall consider

the matter on its own merits without being influenced by the judgment

passed by this court and the observations, if any, made by the civil

court.

(SANJEEV KUMAR) JUDGE Srinagar 12-10-2022 N Ahmad