Lawyers Issue Ultimatum as Govt Shifts Tenancy Powers From Courts to Revenue Department

Lawyers attached to the Jammu wing of the Jammu & Kashmir High Court Bar Association staged a protest and abstained from court work on November 21, 2025, condemning the Union Territory administration’s decision to designate the Revenue Department as the nodal authority for implementing the newly notified Jammu and Kashmir Tenancy Act, 2025. Demonstrators gathered outside the High Court complex, raising slogans against what they termed a deliberate encroachment on judicial powers by the executive. The association warned of intensified agitation if the government fails to reverse the move within 10 days.

The Jammu and Kashmir Tenancy Act, 2025, which came into effect earlier this month, repealed the 2012 Residential and Commercial Tenancy Act and introduced a new framework to regulate the renting of premises, establish rent authorities, and balance the rights of landlords and tenants. However, lawyers contend that vesting primary implementation and dispute-resolution powers in revenue officials—rather than civil courts—undermines the judiciary’s exclusive domain over tenancy matters. Association president Advocate K. Nirmal Kotwal described the notification as “a clear attempt to undermine judicial power” and accused the lieutenant governor’s administration of systematically favouring the revenue department over courts.

Speaking to reporters during the protest, Kotwal issued a sharp ultimatum: “If the government wants to hand everything to the revenue department, then courts are no longer required. We give the administration 10 days to roll back this decision and restore jurisdiction to the judiciary; otherwise there will be serious consequences.” He labelled the move a direct interference in the separation of powers, arguing that despite constitutional distinctions between the judiciary and the executive, the new law effectively sidelines judicial officers in favour of tehsildars and other revenue functionaries for adjudication of rent disputes, evictions, and related enforcement.

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In a separate statement, association general secretary Advocate Pardeep Majotra expressed additional resentment over certain provisions that lawyers believe adversely affect advocates’ professional interests, particularly those practising in rent and property litigation. The one-day strike disrupted hearings across subordinate courts in Jammu, with the Bar vowing to escalate measures—including a complete boycott—if their demands are ignored. The administration has not yet responded officially to the protest, but sources indicate senior officials are reviewing the concerns raised by the legal fraternity amid growing tension between the bar and the government over recent legislative changes in the Union Territory.

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