MOHAMMAD YOUSUF GANAI Vs. UT OF J&K

JUDGEMENT

(1.) CM(M) No.29/2019 : In this petition, the petitioner invokes Section 104 of the Constitution of Jammu and Kashmir, as it was then in force (now Article 227 of the Constitution of India) to challenge the maintainability of the suit titled "Mohammad Yousuf Ganaie and anr. Vs. State of J&K and others" pending adjudication before Sub Judge (CJM), Anantnag, as well as appeal titled "Mohammad Yousuf Ganaie and anr. Vs. State of J&K and others" pending adjudication before Principal District Judge, Anantnag (appellate court).

(2.) The primary ground of challenge urged in the petition is that the suit filed by the respondent No.1 and 2 is not maintainable before the Civil Court in view of the provision of appeal made in Section 15 of the J&K Common Lands (Regulation) Act, 1956 (hereinafter the Act of 1956). It is urged that Section 16 of the Act of 1956 bars the jurisdiction of the Civil Court to question the orders made under the Act of 1956.

(3.) The plea of the petitioner is resisted by respondent No.1 and 2 on the ground that the dispute between the parties is a private dispute with regard to a private pathway and, therefore, not amenable to the jurisdiction of the Authorities under the of Act of 1956.