Civil Courts lack jurisdiction over matters within the domain of Revenue Officers as per Section 139 of the J&K Land Revenue Act, and suits barred by law must be rejected under Order VII Rule 11 CPC.

JUDGMENT :

1. In appeal under Section 96 of the Code of Civil Procedure, being RFA no.50/2024, setting-aside of the Order dated 18th April 2024, passed by 1st Additional District Judge, Srinagar, on an application under Order VII Rule 11 CPC, rejecting civil suit titled as Mst. Raja and others v. U.T. of J&K and others, for want of jurisdiction in light of Order VII Rule 11 CPC read with Section 139 of J&K Land Revenue Act, is being sought on the grounds made mention of therein.

2. In writ petition, being WP(C) no.305/2020, petitioners pray to direct respondents to allow them to complete the construction of already double storeyed residential house with attic and compound walling on a plot of land falling under Khasra no.2465/980 situated at Rawalpora, Srinagar, in accordance with building permission Order no.1515 of 2015 dated 26th November 2015. Petitioner also seek to direct respondents to allow petitioner no.2 to commence construction of double storeyed residential house with attic and compound walling on a plot of land falling under Khasra no.2465/980 situated at Rawalpora, Srinagar, in accordance with building permission Order no.1515 of 2015 dated 26th November 2015. Petitioner also pray to direct respondent-SMC to remove the debris of demolished cowsheds from the spot/site or allow petitioners to remove debris of their own in the light of the communications/orders issued by Chief Enforcement Officer, SMC, from time to time with a further direction to respondent- SMC to take a decision on the representation dated 16th January 2022 filed by petitioner no.2 for renewal of building permission Order no.1771 of 2016 dated 24th March 2016.

3. It is by virtue of Order dated 20th June 2024, when appeal, RFA no.50/2024, came up for threshold consideration before a Bench of this Court and learned counsel for respondents 12 to 14 made a statement that a writ petition, WP(C) no.305/2022, had already been filed by them, that appeal was directed to be listed along with writ petition.

4. I have heard learned counsel for parties and considered the matter.

5. I am first taking up the appeal for disposal hereinafter.

RFA no.50/2024

6. A civil suit was filed by appellants herein before the Trial Court. They sought following reliefs in the suit:

(i) A decree for declaration be passed declaring impugned delineation/demarcation report as null and void.

(ii) A decree for mandatory injunction be passed commanding official defendants to conduct a fresh/proper demarcation of the suit property in consonance with the revenue record/gift deeds/sale deeds qua the suit property and in presence of the parties.

(iii) A decree of perpetual injunction be passed restraining private defendants from giving effect to impugned report in any mode or manner whatsoever or presenting the same in any forum whatsoever.

7. From the reliefs prayed for by plaintiffs/appellants herein in their plaint before the Trial Court, it is evident that they question delineation/ demarcation report has been issued/made by the officials of Revenue Department. Exclusion of jurisdiction of Civil Courts in the matter within the jurisdiction of revenue officers is provided under and in terms of Section 139 of J&K Land Revenue Act; what it provides is advantageous to be reproduced hereunder:

“139. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue officers. – Except as otherwise provided by this Act–

(1) no Civil Court shall have jurisdiction in any matter which a Revenue officer is empowered by this Act to dispose of or take cognizance of;

(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely: –

(i) any question as to the limits of any land which has been defined by a Revenue officer as land to which this Act does or does not apply;

(ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue officer, as such;

(iii) any claim to the office of villag