Javed Iqbal Wani JUDGMENT
Javed Iqbal Wani, J.
1. In this petition, petitioner on the foundation of the case setup implores for the following reliefs:-
"1. Writ of mandamus declaring the impugned order dated 22.02.2018 passed by respondent No. 's 1 & 2 as null and void, as the same has been passed without inherent jurisdiction and is thus liable to be set aside.
2. Writ of prohibition restraining respondent No. 's 1 & 2 to give effect to impugned judgment dated 22.02.2018.
3. Or any other writ, order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case in favour of petitioner and against respondents."
2. The background facts as stated by the petitioner, under the cover of which the petitioner claims the reliefs aforesaid, are that the respondents No. 1-J&K State Human Rights Commission (herein after for short 'the Commission'), after taking cognizance of a complaint filed by respondent No. 3 before it, allowed the same vide order dated 22.02.2018, (herein after for short 'the impugned order'). The complainant was held entitled to arrears of rent qua land measuring 02 Kanals and 04 Marlas alleged to be under occupation of BSF 103 Battalion since 1990. The relevant content of the complaint are extracted here under:-
"With due regards it is requested that I am resident of Kherman Nandram Handwara due to turmoil I along with my family members migrated to Jammu in 1990 and left our moveable/immoveable property there. After we left in 1990 BSF 103 BN occupied our land under Khasra no. 34, 35 on the name of Moti Lal Raina and Hari Krishan Raina sons of late Shamboo Nath Raina measuring 2 kanals and 15 marlas along with the land of other land.
The BSF 103 BN had not paid the rent of said occupied land to us as the other beneficiaries had been paid rent since 1990. When I came to know about it I applied for the rent to Tehsildar Handwara vide my application dated 3/10/2011 but nothing has been done by the concern authorities. I contacted the Tehsildar Handwara's office I was told that the case was lost somewhere. I again applied vide my application dated 29/08/2013 followed by dated 20/10/2013 and 4/03/2014 but nothing has been done so far, sir I do not understand that why the rent of our land occupied by BSF was not sanctioned by the concern authorities and paid to me as the rent of other land holder is being paid annually/periodically which is grassroot violation of human rights.
It is requested to your good self to kindly protect our rights and ask the concern authorities to sanction the rent of the same land as early as possible."
3. Despite service none has appeared on behalf of respondent No. 3.
4. The petitioner in the petition has challenged the impugned order inter-alia amongst others on the ground, that the order impugned is bad in law, in as much as that the Commission had no jurisdiction to pass the said order, the same being a Civil dispute. At the most the Commission could have forwarded the complaint to the forum having jurisdiction.
5. It is further urged in the grounds of challenge that the impugned order has been passed without any authority of law by the Commission. Reference in this regard in the petition is made to Section 13(2)(c) of the Act.
6. It is further urged in the grounds that the Commission could not have inquired into the complaint regarding a matter not falling in its jurisdiction.
7. Heard learned counsel for the petitioner and perused the record.
8. The undisputed facts those emerge from the record are that upon filing of the complaint by the complainant and the Commission upon entertaining the same issued notices to Deputy Commissioner, Kupwara and Tehsildar Handwara, who submitted their respec........