Tuesday, 02 January 2024 12:17 GMT

J&K HC: Civil Courts Override Revenue Authorities In Property Rows


(MENAFN- Kashmir Observer)
Representational; Photo

Srinagar- The High Court of J&K and Ladakh on Monday quashed a series of orders issued by a revenue authority, holding that such actions could not stand once a civil court was already seized of the matter.

Emphasizing the settled legal position that the jurisdiction of the civil court was“superior to, and overrides, that of the revenue authorities” in disputes involving title, possession, or civil rights over immovable property, a bench of Justice Wasim Sadiq Nargal observed that revenue authorities are obligated to refrain from passing any orders that may conflict with or prejudice ongoing civil proceedings.

The bench passed the verdict while hearing a petition, challenging the orders dated March 3, 2016, May 23, 2016, and February 27, 2018, issued by a concerned revenue officer in Baramulla.

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The petitioner, A R Khan, had also sought protection from alleged harassment and requested that he be allowed to use and enjoy his property without obstruction.

The High Court observed that the claim of B A Ganie of Pattan regarding the existence of a pathway through the Khan's land was unsupported by any revenue record.

“The revenue record, which constitutes the primary and authoritative source for determining the nature and character of land, does not reflect any such pathway,” the court said.

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Kashmir Observer

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