Civil Courts lack jurisdiction over disputes within the Revenue Officer's authority as per the J and K Land Revenue Act, 1996.

Headnote:(A) The Code of Civil Procedure, 1908 - Section 96 and Order VII Rule 11 - Land Revenue Act - Section 139 - Jurisdiction of Civil Court - The court found that Civil Courts have no jurisdiction over matters falling within the purview of Revenue Officers per S.139 of the J and K Land Revenue Act, stating that Civil Courts cannot entertain suits regarding issues within revenue jurisdiction. The appellants sought declarations and injunctions against revenue delineation, but the court ruled these matters fell outside civil jurisdiction, affirming previous decisions barring such claims. (Paras 8-13)

(B) Relevant principles from case law - The procedural safeguards in R.11 of O.7 aim to prevent frivolous litigation by enabling courts to reject plaints that disclose no cause of action or are otherwise barred by law. The court stressed that the power to dismiss under O.7 R.11 is a necessary tool to manage court resources efficiently. (Paras 9-11)

Facts of the case:
The appellants challenged a demarcation report by the revenue department, claiming it was flawed and lacked proper notice. They also brought forth issues related to construction permissions on their land. The trial court dismissed the plaint, asserting that the matter was strictly governed by revenue law.

Findings of Court:
The court upheld the trial court's decision, affirming that the suit fell outside its purview as per S.139 of the J and K Land Revenue Act. The appellants were advised to seek relief directly through appropriate revenue channels.

Issues: The primary legal questions were whether the civil court had jurisdiction over disputes related to land demarcation and the implications of the Land Revenue Act on civil litigation.

Ratio Decidendi: The ruling emphasized that there is a clear distinction between civil and revenue jurisdiction, reinforcing the need for litigants to pursue their claims within the correct legal framework, specifically that civil courts lack authority to entertain suits that pertain to matters expressly reserved for revenue officers.

Result: The appeal was dismissed. The court confirms that the jurisdiction of civil courts is limited in matters pertaining to land revenue, supporting legislative intent to streamline jurisdictional boundaries in land disputes.

Table of Content
1. the procedural history of the appeal and the relevance of the writ petition were outlined. (Para 1 , 3 , 4 , 5)
2. the appeal sought to challenge a civil suit related to a demarcation report. (Para 6)
3. emphasized that civil courts lack jurisdiction in matters assigned to revenue officers. (Para 8 , 13)
4. the court outlined the procedural requirements for rejecting a plaint. (Para 10 , 11 , 12)
5. the appeal was dismissed based on jurisdictional grounds. (Para 14 , 15 , 18)

1. In appeal under S.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, R.11, CPC, rejecting civil suit titled as Mst. Raja and others v. U.T. of J and K and others, for want of jurisdiction in light of Order VII, R.11, CPC read with S.139 of J and 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.

6. RFA No.50/2024
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 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 S.139 of J and 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

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2025 Supreme(Online)(J&K) 1789

JAMMU AND KASHMIR AND LADAKH HIGH COURT, JMst. Raja and others – AppellantVersusU.T. of J and K and others – RespondentRFA No.50/2024 | WP(C) No.305/2020

Civil Courts lack jurisdiction over disputes within the Revenue Officer's authority as per the J and K Land Revenue Act, 1996.

Cases Referred (1)

JAMMU AND KASHMIR AND LADAKH HIGH COURT
, J
Mst. Raja and others – Appellant
Versus
U.T. of J and K and others – Respondent
RFA No.50/2024 | WP(C) No.305/2020