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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI, J.
Shabir Hussain Bhat & Ors. – Appellants
Versus
UT of J&K & Ors. – Respondents
WP (C) No. 2885 of 2022
Decided on : 09-12-2022
ADMINISTRATION OF JUSTICE - AGRARIAN REFORMS ACT, 1976 - Section 21(1), Section 21(2) - The court addressed the implications of the deletion of Section 21(2) of the Agrarian Reforms Act, 1976, which removed the remedy of revision previously available to aggrieved parties. The court interpreted the amendment as not affecting pending revision petitions, emphasizing that the right to revision is substantive in nature and should not be rendered void by the amendment. The court mandated the Jammu and Kashmir Special Tribunal to resume adjudication of pending cases, ensuring the administration of justice is upheld.
Fact of the Case:
The writ petition was filed by the legal representatives of Mohammad Akbar Bhat, challenging an appellate order from 2011. The petitioners argued that the Jammu and Kashmir Special Tribunal had abdicated its jurisdiction to hear their pending revision petition due to the deletion of Section 21(2) of the Agrarian Reforms Act, 1976, which had previously allowed for such revisions.
Finding of the Court:
The court found that the deletion of Section 21(2) did not extinguish the pending revision petitions and that the Jammu and Kashmir Special Tribunal was still obligated to adjudicate these cases. The court emphasized that the right to revision is substantive and should not be negated by legislative changes.
Issues: Whether the deletion of Section 21(2) of the Agrarian Reforms Act, 1976 affects the pending revision petitions before the Jammu and Kashmir Special Tribunal and whether the Tribunal has the jurisdiction to adjudicate these cases.
Ratio Decidendi: The court held that the deletion of a provision does not retroactively affect rights that had already vested. The right to revision under Section 21(2) was deemed substantive, and thus, the pending revision petitions must be heard by the Jammu and Kashmir Special Tribunal despite the legislative amendment.
Final Decision: The court disposed of the writ petition by directing the Jammu and Kashmir Special Tribunal to resume hearing and adjudication of all pending revision petitions under the Agrarian Reforms Act, 1976.
JUDGMENT :
RAHUL BHARTI, J.
1. This writ petition, co-incidentally, presents a situation which this court cannot afford to let go unattended except at the cost of extending the continuing failure of administration of justice taking place by the stand-still approach of the Jammu and Kashmir Special Tribunal viz-a-viz the pending revision petitions under the Agrarian Reforms Act, 1976 in the wake of coming into operation of the amendment with respect to Section 21(2) of the Agrarian Reforms Act, 1976 w.e.f. 26/10/2020 whereby the provision providing the remedy of revision which used to be cognizable by the Jammu and Kashmir Special Tribunal has been deleted to be no more a remedy available under the Agrarian Reforms Act, 1976.
2. Indulgence of this court, on suo moto notice, is warranted to put into place corrective command for the consumption of and compliance by the Jammu and Kashmir Special Tribunal which otherwise has put itself on mode of abdication of adjudication of the pending revision petitions filed under the Agrarian Reforms Act, 1976 leaving the litigants in a lurch.
3. In fact, this court has come to be taken by repulsion on finding the writ petitioners to challenge through the present writ petition in the year 2022 an appellate order dated 17.09.2011 of the Commissioner Agrarian Reforms (Additional Deputy Commissioner), Budgam when the same very order stood already challenged in a revision petition filed before the Jammu and Kashmir Special Tribunal by the writ petitioners but only to be retorted by the petitioner's learned counsel that said revision has been abandoned of its adjudication by the Jammu and Kashmir Special Tribunal on the pretext of amendment by way of deletion of Section 21(2) of the Agrarian Reforms Act, 1976.
4. The petitioners herein are legal representatives of one Mohammad Akbar Bhat who was the sole respondent in an appeal filed by respondent nos. 4 to 8 challenging two mutations i.e., mutation no. 93, dated 09.06.1983 under Section 4 and a mutation no. 616, dated 23.04.1984 under Section 8 of the Agrarian Reforms Act, 1976, both attested in relation to and in favour of said Mohammad Akbar Bhat thereby vesting ownership of the agrarian land in favor of said Mohammad Akbar Bhat.
5. Against these two mutations, the respondent nos. 4 to 8 herein came to file a statutory appeal under section 21(1) of the Agrarian Reforms Act, 1976 on file no. 266/CARB instituted on 14.02.2008 before Commissioner Agrarian Reforms (Additional Deputy Commissioner) Budgam which came to be allowed by him in terms of a judgment dated 17.09.2011.
6. Against the said judgment dated 17.09.2011 of the Commissioner Agrarian Reforms (Additional Deputy Commissioner), Budgam as being the final judgment, the sole respondent-Mohammad Akbar Bhat came to resort to remedy of revision by preferring on 17.11.2011 a revision petition under Section 21(2) of the Agrarian Reforms Act, 1976 then maintainable before the Jammu and Kashmir Special Tribunal. This revision petition is reported to be still pending before the Jammu and Kashmir Special Tribunal. During the pendency of this revision Mohammad Akbar Bhat-the revision-petitioner came to demise on 26.09.2019.
7. The situation which constrained the petitioners herein, as being legal representatives of Mohammad Akbar Bhat, to approach this Court with the present writ petition for challenging the order dated 17.09.2011 of the Commissioner Agrarian Reforms (Additional Deputy Commissioner) Budgam is the fact that Jammu and Kashmir Special Tribunal has purportedly abdicated, in an unannounced manner, its jurisdiction to adjudicate the revision petition so filed by Mohammad Akbar Bhat against the impugned order dated 17.09.2011 of the Commissioner Agrarian Reforms.
8. The abdication on the part of Jammu and Kashmir Special Tribunal in hearing and adjudicating the revision petition is being attributed to the amendment of Section 21 of the Agrarian Reforms Act, 1976, after coming into operation of the J
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