Qasim Dar vs Qasim Bhat and Ors.

This is an application to revise an order dated 17111978 passed by the City Munsiff, Srinagar, transferring a civil suit for disposal to the

Collector under the Jammu and Kashmir Agrarian Reforms Act, 1976, shortly 'the Act') The suit pertains to land as defined in the Act. On this

ground, the City Munsiff has held that the civil court has ceased to have the power and jurisdiction to try the suit which has now vested in the

Collector (Agrarian) under the Act and as such the suit is liable to be transferred to the Collector Agrarian) concerned. For this he has relied on

Section 25 of the Jaamu and Kashmir Agrarian Reforms Act, 176 Section 25 reads :

Bar of jurisdiction of civil court :

Not with standing anything contained in any law for the time being in force.

a) to civil court shall have the jurisdiction to settle, decide or deal with any question or to determine any matter arising under this Act o (he rules

made there under ; and

b) no order of any officer or authority passed under this ""Act or the rules ride there under snail be called in any civil court on any ground

whatsoever including that relating to noncompliance with the provisions of this Act or the fundamental principles of judicial procedure"".

This section is in pari materia with Section 36 of the Jammu; and Kashmir Agrarian Reforms Act, 1972: That Section fell for consideration before a

Full Bench of this court in Rahim Vs Amma Dar and ors, )AIR 1975 J & K 33). It was held;

This section bars the jurisdiction of Civil courts in matters specified therein. The section is widely wordedIt forbids the civil courts from dealing with

or adjudicating upon any question or matter which is by or under the new Act or the Rules made there under required to be dealt with or

adjudicated upon by an officer or authority appointed under the new Act or the rules made there under. It also provides that an order by such

officer or authority shall not be open to question in any civil court This Section has obviously reference to the jurisdiction exercised by the civil

cases failing under Section 9 of (he Code of Civil Procedure There is no corresponding provision barring the jurisdiction in like manner of courts or

authorities having jurisdiction to try and determine Revenue cases, On principle, however, the bar must be treated to be equally applicable to such

courts and authorities, (he reason is that the new Act clearly indicates that the questions or matter arising there under should be dealt with and

determined by the special machinery created by or under it or the rules made there under and being a special Act dealing with a particular subject

comprehensively the jurisdiction conferred on the officer and authorities constituting such machinery must be he'd to be exclusive. In this

background if a question is raised before any civil court or officer or authority whether or not a particular land has vested in the State or any other

person under the new Act, such court or officer or authority shall not have any jurisdiction to decide this question or even determine the collateral

facts on which the decision of that question rests Where, therefore, any such question is raised in a pending action or an action instituted after the

Act became operative, theorist or the officer or authority before whom such question is raised should appropriately stay its hands in the matter

pending determination of that question by the competent authority under the new Act"".

3, On these observations it is clear that the/learned Munsiff was not justified in ordering the transfer of the suit for disposal to the Collector

(Agrarian' merely because the disputed property consisted of land as defined in the Act The view to the contrary expressed by the learned Munsiff

is manifestly erroneous and unsustainable in law. The order based upon such view cannot stand and must be set aside.

The result, therefore, is that the revision petition succeeds and is allowed the impugned order is set aside the trial court is directed to make fresh

orders in accordance with law; The parties are directed to appear before the trial court on 30th July, 1980.