Jharkhand High Court: Disability commissioner can’t decide land disputes
Ranchi, June 29: The Jharkhand High Court has ruled that the State Disability Commissioner has no jurisdiction to decide disputes over land…
Ranchi, June 29: The Jharkhand High Court has ruled that the State Disability Commissioner has no jurisdiction to decide disputes over land ownership or possession, setting aside a 2019 order passed in a long-running land dispute between residents of Chatra district.
Justice Ananda Sen delivered the judgment while disposing of two connected writ petitions that had been pending before the High Court since 2020. The court held that questions of title and possession can only be decided by a competent civil court, not by the State Disability Commissioner.
Dispute Dates Back to 2019
The dispute centres on nearly 2.97 acres of land in Dholiya village under Hunterganj block in Chatra district.
Three petitioners—Krit Yadav, Sudhir Yadav and Dilchand Yadav—claimed that the land belonged to their ancestors and that they had been in peaceful possession for years. They challenged Letter No. 388 dated June 28, 2019, issued by the State Disability Commissioner, alleging that it wrongly determined the ownership of the disputed land against them.
The other petitioner, Narendra Prasad Singh, a person with benchmark disability, had approached the State Disability Commissioner alleging that local residents were attempting to grab his land and prevent him from carrying out agricultural activities. Acting on his complaint, the Commissioner held that Singh possessed the relevant land documents and directed the authorities to ensure he could cultivate the land without obstruction.
However, the Commissioner’s order triggered parallel legal proceedings. While the three Yadavs challenged the order in W.P.(C) No. 451 of 2020, Singh filed W.P.(C) No. 915 of 2020, seeking implementation of the Commissioner’s directions and action against those allegedly obstructing officials from enforcing the order. Both petitions remained pending before the High Court for nearly six years before being decided on Monday.
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Commissioner Exceeded Jurisdiction, Says HC
The High Court held that although the Rights of Persons with Disabilities Act, 2016, empowers the State Disability Commissioner to safeguard the rights of persons with disabilities, it does not authorise the office to adjudicate disputes over land title or possession.
Justice Sen observed that the Commissioner had effectively decided ownership of the land and directed revenue authorities to act on that finding, something that falls exclusively within the jurisdiction of civil courts. The judgment also relied on Supreme Court rulings holding that revenue records do not confer ownership and that title disputes must be decided by competent civil courts.
Land Dispute Unrelated to Disability
The court noted that although one of the litigants is a person with disabilities, the dispute itself was purely a private property dispute.
Justice Sen observed that the case had “nothing to do with his disability” and that merely because one party is disabled does not empower the State Disability Commissioner to decide competing claims over immovable property.
Parties Free to Approach Civil Court
Allowing the writ petition filed by Krit Yadav, Sudhir Yadav and Dilchand Yadav and dismissing the petition filed by Narendra Prasad Singh, the High Court quashed the Commissioner’s 2019 order.
The court granted liberty to both sides to approach a competent civil court to seek a declaration of their rights, title and interest over the disputed land or pursue any other appropriate civil remedy.
