Citation : 2025 Latest Caselaw 683 J&K
Judgement Date : 5 August, 2025
Sr. No. 135
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2104/2025
CM No. 4799/2025
Som Raj and anr. . .....Appellants
Through: Mr. Amit Gupta, Advocate
Vs
UT of J&K and ors. .
..... Respondents
Through:
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
05.08.2025
1. The petitioners, through the medium of present petition
have sought a direction upon the respondents to issue Fard
Intekhab/revenue extract with respect to land measuring 09 kanals
08 marlas in khasra No. 160 situated at village Nangal Tehsil and
District Kathua.
2. As per the case of the petitioners, the aforesaid land
came to be allotted to the predecessor-in-interest of the petitioners,
whereafter, in terms of Government Order No. LB/6-C of 1958
whereafter, proprietary rights in respect of the said land were
conferred upon the petitioners and co-sharers in accordance with
Government Order No. Rev. (LB) 202 of 2007 dated 12.06.2007. It
has been submitted that the petitioners intend to alienate the
aforesaid land and for this purpose, they had applied for revenue
extracts from the respondents which has been declined on the
ground that land in question cannot be alienated.
3. The petitioners have relied upon the judgment of this
Court in the case of Nar Singh Vs. UT of J&K and ors.; WP(C) No.
1700/2024 decided on 06.11.2024 wherein, in similar
circumstances, it has been held that a person who has acquired
proprietary rights in terms of Government Order No. Rev. (LB) 202
of 2007 dated 12.06.2007 is entitled to alienate the said land.
4. Learned counsel for the petitioner has submitted that the
petitioners would feel satisfied if a direction is issued to the
respondents to re-visit the application of the petitioners for grant of
revenue extracts in respect of land in question in the light of binding
legal precedent rendered by this Court in Nar Singh's case (supra).
5. Accordingly, the petition is disposed of with a direction to
the respondent No. 3 to re-consider the application of the petitioners
for grant of revenue extracts with respect to the aforesaid land in
the light of the binding legal precedent rendered by this Court in
Nar Singh's case (supra).
6. The petitioners shall approach respondent No. 3 with a
copy of the judgment in Nar Singh's case (supra) whereafter,
respondent No. 3 shall take a fresh decision in the matter within ten
(10) days.
7. Disposed of.
(SANJAY DHAR) JUDGE JAMMU 05.08.2025 Tarun/PS Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No
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