Muzaffar Hussain Attar, J.;— 1. Order dated 31st October, 2009 passed by the Assistant Commissioner (Revenue), Assistant Collector 1st Class, Kargil, as also Order dated 29th December, 2011 passed by the Financial Commissioner (Revenue) J & K, Srinagar are called in question in this Writ Petition. The Assistant commissioner, Revenue, Kargil in terms of impugned order, directed the petitioners to pay rent @ = of the produce of fodder of land measuring 21 Kanals and 15 Marlas covered under Survey Nos. 1694/1501/731 situated at Thasgam to the Management Committee. In the event of non-payment of rent, Management Committee was permitted to take over the possession of the land. 2. The said order was challenged in a Revision Petition before the Divisional Commissioner/Additional Commissioner, Kashmir. The Management Committee filed revision petition before the Financial Commissioner, J & K, Srinagar in respect of proceedings initiated by Additional Commissioner, Kashmir, which petition was allowed and petitioners were given liberty to challenge the order before the concerned Collector. 3. Mr. Lone, learned counsel for the petitioners submitted that in view of the mandate contained in Sub-section (3)(b) of Section 85 read with Sub-section (4) of Section 85 of the Jammu and Kashmir Tenancy Act, 1980 (1923 A.D.) (for short Act of 1980), the Assistant Commissioner (Revenue) Assistant Collector 1st Class was lacking jurisdiction to entertain the application and pass orders for enhancement of rent as also ordering for taking over of the possession of the land by the private respondents. 4. Mr. Shah, learned counsel for the private respondents submitted that his clients are contemplating to initiate action for the resumption of possession of the land. Learned counsel submitted that in view of the mandate contained in Section 85 of the Act of 1980, he may not be in a position to defend an indefensible order. 5. Section 85(3)(b) and (4) are taken note of: ...(b) suits between landlord and tenant for enhancement or reduction of rent under Sections, 27, 28 or 29; (4) A Collector may hear and determine any of the suits mentioned in sub-section (3);... 6. In view of the mandate contained in Section 85(3)(b) read with Sub-section (4) of the Act of 1980, the Assistant Commissioner, (Revenue) Assistant Collector 1st Class is not Authority to pass the order and issue directions in the manner same has been done in terms of the impugned order.
6. In view of the mandate contained in Section 85(3)(b) read with Sub-section (4) of the Act of 1980, the Assistant Commissioner, (Revenue) Assistant Collector 1st Class is not Authority to pass the order and issue directions in the manner same has been done in terms of the impugned order. The Authorities are delineated and procedure prescribed for seeking reliefs from the Authorities under the Act of 1980. 7. The Assistant Commissioner, who is not a Collector, could not direct for enhancement of rent in view of the Sub-section (4) of the Section 85 of the Act of 1980. 8. For seeking enhancement of rent, suit is to be filed as provided in Sub-section (3)(b) of the Act of the 1985. 9. Both the legal requirements are lacking in this case. 10. The claims are to be projected and reliefs sought strictly in accordance with provisions of the Act of 1980. The order impugned passed by the Assistant Commissioner, (Revenue) Assistant Collector 1st Class, Kargil is held to be without jurisdiction and consequently order dated 29th December, 2011 passed by the Financial Commissioner (Revenue) J & K, Srinagar is also rendered illegal. This Writ petition is disposed of along with connected I.As in the following manner: Order dated 31st October, 2009 passed by the Assistant Commissioner (Revenue) Assistant Collector 1st Class, Kargil is set-aside. Consequently Order dated 29th December, 2011 passed by the Financial Commissioner (Revenue) J & K, Srinagar is also set-aside. 11. The parties are at liberty to seek appropriate relief in accordance with law from the appropriate Authorities. Disposed of.