Srinagar, June 28 : The Jammu & Kashmir and Ladakh High Court has ruled that under Section 10 of the J&K Land Revenue Act, authorities including the Financial Commissioner, Divisional Commissioner, and Collector are empowered to withdraw and dispose of any case pending before a revenue officer under their control, or refer it to another competent officer.
Justice Moksha Khajuria Kazmi, while dismissing a writ petition filed by Bhagu Ram and others, observed that the Deputy Commissioner, Udhampur acted within jurisdiction when he decided the matter on merits, even though it originated as a transfer application.
The petitioners had argued that the Deputy Commissioner should have merely ruled on the transfer of the case, but instead exceeded his authority by ordering deletion of revenue entries and directing partition proceedings. The respondents, represented by Senior AAG Monika Kohli, maintained that the Act empowers such decisions.
Upholding the Deputy Commissioner’s order, the Court ruled that Section 10 allows not just case transfer, but also its disposal by competent revenue authorities. The petition was accordingly found non-maintainable and dismissed.
