Excelsior Correspondent
JAMMU, Nov 26: The High Court of Jammu & Kashmir and Ladakh has set aside an order passed by the Forest Magistrate (Judicial Magistrate First Class) Jammu and held that the Magistrate lacked the necessary jurisdiction, as the disputed land falls within the purview of the Jammu and Kashmir Agrarian Reforms Act, 1976.
The judgment, pronounced by Justice Vinod Chatterji Koul, in the case titled Shamas-ud-Din and Others Versus Reham Ali and Others centered on proceedings initiated under Section 145 of the Code of Criminal Procedure (CrPC). This provision deals with disputes concerning land or water likely to cause a breach of peace.
The High Court found that the subject matter of the dispute was “land” as defined under the J&K Agrarian Reforms Act, 1976. Crucially, the court noted that the proviso to Section 48 of the J&K CrPC (now corresponding provisions in the new Code) exclusively vests the power to entertain a petition under Section 145 CrPC for such “land” disputes in the District Magistrate or an Executive Magistrate of First Class, and not a Judicial Magistrate (like the Forest Magistrate/JMIC).
“The Forest Magistrate was not competent to entertain such a petition, therefore, impugned order dated 31.12.2013 is hereby set aside”, the High Court said after hearing Advocate Meenakshi Salathia for the petitioners and Advocate Abhishek Wazir for the respondents.
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