Writ Jurisdiction Cannot Override Efficacious Statutory Dispensation: JKL High Court

The Jammu and Kashmir and Ladakh High Court on Tuesday reiterated that where statutory remedy is created by law, the writ petition should not be entertained ignoring the statutory dispensation, unless it is inefficacious.

A bench comprising Justice Wasim Sadiq Nargal observed,

"Where a right or liability is created by a statute, which provides for a speedy remedy for enforcing it, the remedy provided by the said statute alone should be availed of".

The Court was hearing a plea challenging decision of Sub-Divisional Magistrate to vacate the interim order, passed in favour of the petitioner in a case against unilateral alteration of revenue entry in respect of a land, without hearing the Petitioner.

Vide the interim order, the SDM had directed the Tehsildar to furnish a report within 15 days and had restrained the private respondent, in whose name the revenue entry was made, from interfering in the possession of the petitioner. Since the petitioner could not appear on the next date, the court proceeded on merits and vacated the interim order.

Petitioner argued that he had filed objections and it was incumbent upon the SDM either to have kept the case awaiting his appearance or it should have been dismissed, in default. However, the SDM passed a cryptic order vacating the interim directions, he submitted.

Counsel for the respondent however raised a preliminary objection with regard to the maintainability of the petition, arguing that an alternate and efficacious remedy was available under the Land Revenue Act.

Adjudicating upon the matter Justice Nargal observed that Section 11 of the Land Revenue Act clearly indicates that any order passed by the Collector, whether it is original or on appellate side, is appealable before the Divisional Commissioner. It noted that the petitioner, without availing the alternate and efficacious remedy provided under the statute, had straightway invoked its writ jurisdiction.

Pointing out to Section 15 of the Land Revenue Act which confers power upon the Divisional Commissioner as well as Financial Commissioner to call for the record of any case pending before or disposed by any Revenue Officer under his control the bench observed,

"In light of the alternate and efficacious remedy, provided under the statute i.e Jammu and Kashmir Land Revenue Act 1996, of filing appeal and revision as envisaged under Section 11 & 15 respectively, the present petition is not maintainable".

Accordingly, the Court dismissed the petition as non-maintainable.

Case Title : Bindu Singh Jamwal Vs UT of J&K & Ors.

Citation : 2022 LiveLaw (JKL) 258

Coram : Justice Wasim Sadiq Nargal

Counsel For Petitioner : Mr G S Thakur

Counsel For Respondent : Mr RS Kotwal

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