13 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR TrP (C) 12/2026 CM(3471/2026) NAZIR AHMAD AHMAD KHANDAY AND ANR. ….. Petitioner(s) Through: Mr. Bilal Ahmad Khan, Advocate. V/s UNION TERRITORY OF J AND K AND ORS. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 05.08.2026 1. The petitioners, through the medium of present petition are seeking transfer of appeal titled Mst. Sitara and another Vs. Jalal ud din Khanday and Others from the court of Joint Agrarian Reforms Commissioner/Additional Deputy Commissioner, Kulgam, Kashmir to any other competent court at Srinagar. 2. Heard learned counsel for the petitioners on the question of maintainability of this petition and perused the record. 3. Sub Section (2) of Section 19 of the Jammu and Kashmir Agrarian Reforms Act, 1976 inter alia provides that distribution of business, withdrawal and transfer of cases under the said Act would be regulated by the Jammu and Kashir Land Revenue Act, 1996 and the rules made thereunder, meaning thereby that power of transfer of cases P a g e | 2 TrP (C) 12/2026 CM(3471/2026 from one revenue court to another revenue court is regulated by the provisions of Jammu and Kashmir Land Revenue Act, 1996. 4. Section 10 of the Jammu and Kashmir Land Revenue Act, 1996 vests powers with the Financial Commissioner or Divisional Commissioner or Collector to withdraw any case pending before any revenue officer under his control to either dispose of by himself or refer it for disposal to any other Revenue Officer under his control. Therefore, there is a mechanism provided under the Jammu and Kashmir Agrarian Reforms Act, 1976 read with Section 10 of Jammu and Kashmir Land Revenue Act, 1996 for withdrawal and transfer of cases from one revenue court to another revenue court. 5. The petitioners without approaching the appropriate Forum provided under Section 19(2) of Jammu and Kashmir Agrarian Reforms Act, 1976 read with Section 10 of the Jammu and Kashmir Land Revenue Act, 1996 has approached this Court seeking transfer of case pending before the Joint Agrarian Reforms Commissioner/Additional Deputy Commissioner, Kulgam, Kashmir to any other competent court at Srinagar. The High Court in terms of the P a g e | 3 TrP (C) 12/2026 CM(3471/2026 provisions of the Land Revenue Act has no power to transfer cases from one Revenue Court to another Revenue Court. The present transfer petition is, therefore, not maintainable. 6. In view of the above, the instant petition is dismissed leaving it open to the petitioners to approach the appropriate Forum for seeking the relief which they have sought in the present petition. (Sanjay Dhar) Judge SRINAGAR 05.08.2026 Aasif Whether the order is speaking Yes/No Whether the order is reportable yes/No