Court Confirms Civil Courts' Exclusive Authority on Land Title Disputes, Nullifies Commissioner’s Directive
In a significant ruling, the Jharkhand High Court has quashed an order by the State Disability Commissioner concerning a land dispute, reinforcing the exclusive jurisdiction of civil courts over matters of land title and possession. The judgment, delivered by Mr. Justice Ananda Sen, emphasized that the Disability Commissioner overstepped legal boundaries by adjudicating a property dispute unrelated to disability issues, thus setting aside the directive issued by the Commissioner.
The case involved two petitions, W.P.(C) No. 451 of 2020 by Krit Yadav and others, and W.P.(C) No. 915 of 2020 by Narendra Prasad Singh, both concerning a land dispute in Jharkhand. The core of the dispute revolved around the title and possession of land in Dholiya village, which both parties claimed as their ancestral property. The conflict escalated when Narendra Prasad Singh, a person with disabilities, sought intervention from the State Disability Commissioner, alleging land grabbing attempts by Yadav and others.
The Commissioner, siding with Singh, issued an order on June 28, 2019, determining land title and directing action against the petitioners in W.P.(C) No. 451 of 2020. However, the High Court ruled that the Commissioner's actions were beyond his statutory powers under the Rights of Persons with Disabilities Act, 2016. The court highlighted that while the Act empowers the Commissioner with certain civil court powers for investigation purposes, it does not extend to adjudicating land disputes.
The court also reaffirmed the principle that revenue authorities cannot decide land titles, as echoed in several Supreme Court precedents, and that such issues must be resolved by competent civil courts. The directive from the State Disability Commissioner was thus nullified, with the court allowing the petitioners to seek civil court remedies for their claims.
By setting aside the Commissioner's order, the High Court reinforced the legal framework ensuring that land disputes remain under the purview of civil courts, preserving the integrity of judicial processes concerning property rights.
Bottom line:-
The State Disability Commissioner does not have the jurisdiction to adjudicate land disputes between parties, as such matters fall exclusively within the domain of competent civil courts.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Sections 75, 77, 80, 82; Civil Procedure Code, 1908 Section 5(2)
Krit Yadav v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2931909
