Excelsior Correspondent
SAMBA, Dec 20: Justice Wasim Sadiq Nargal has dismissed a petition filed against the order dated 13.08.2022 passed by Sub Divisional Magistrate (Collector) Jammu North in case titled Bindu Singh Jamwal and Another Versus Chanchal Singh as the petitioner without availing the alternate and efficacious remedy provided under the statute straight way filed the writ petition.
“The order which is impugned in the present writ petition has been passed by the Collector under Land Revenue Act which is amenable to the appellate jurisdiction of the Divisional Commissioner in terms of Section 11 of Land Revenue Act”, Justice Nargal said, adding “Section 15 of the Land Revenue Act 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”.
“That being the position, the Collector, in any case, is a revenue officer, as indicated in Section 6 of the Land Revenue Act and subordinate to Divisional Commissioner as well as Financial Commissioner”, Justice Nargal said, adding “I don’t find it a case, which is covered by the exceptions to the general rules that in the face of alternate and efficacious remedy, the Constitutional Court would entertain the present writ petition under Article 226 of the Constitution of India”.
“The case of the petitioner does not fall within exceptions carved out to the general principle that in the face of alternate and efficacious remedy, the writ petition can be maintained. The writ petition as such, is not maintainable”, High Court said, adding “the law in this regard is well settled that in face of availability of statutory and equally efficacious remedy, writ petition should not be entertained and the party concerned should be relegated to such alternative remedy”.
“There is no whisper in the writ petition which is filed by the petitioner that he has availed alternate and efficacious remedy provided under statute nor there is any averment that case of the petitioner falls within the exceptional clause to give a right to the petitioner to bye-pass the alternate efficacious remedy by approaching this court straight way”, Justice Nargal said while dismissing the petitioner.
‘The petitioner is relegated to the alternative remedy of filing of appeal before the Divisional Commissioner under Section 11 of the Jammu & Kashmir Land Revenue Act or revision before the Divisional Commissioner/ Financial Commissioner in terms of Section 15 of the Land Revenue Act, if so advised”, High Court said.
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