Jammu & Kashmir High Court
Raj Kumar And Anr vs Union Territory Of J&K And Ors on 24 February, 2025
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 133
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 409/2025
Raj Kumar and Anr. .... Petitioner/Appellant(s)
Through:- Mr. Ankur Sharma, Advocate
V/s
Union Territory of J&K and Ors. .....Respondent(s)
Through:- Ms. Chetna Manhas, Advocate vice
Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
24.02.2025
01. Notice.
02. Ms. Chetna Manhas, learned counsel appearing vice Mrs. Monika
Kohli, learned Sr. AAG, accepts notice on behalf of respondents.
03. Petitioners in this petition have challenged the impugned order dated
07.02.2025 (Annexure-I) passed by respondent No. 3-Tehsildar,
Kathua, whereby the application filed by the petitioners for issuance of
a revenue extract of the land comprised under Khasra No. 81 min and
Khasra No. 346 min/85, situated at Village Chak Sajjan, Tehsil and
District Kathua, has been rejected.
04. The contention of the petitioners herein is that they are the owners of
land measuring 11 Marlas bearing Khasra No. 50, Khata No. 163,
Khewat No. 7, situated at Village Rajpur Koular. The petitioners intend
to alienate their land and, accordingly, applied for the requisite revenue
permission. However, respondent No. 3-Tehsildar, Kathua, refused to
grant permission, citing that the land proposed to be alienated is
governed by Government Order No. S-432 of 1966 dated 03.06.1966,
which prohibits the transfer of ownership rights without the prior
requisite permission of the Government.
05. It is submitted that after becoming aware of the rejection of their
application online, the petitioners personally approached respondent
No. 3 and made oral submissions, seeking consideration of their case
for the issuance of the revenue extract in light of the judgments passed
by this Court in the cases titled Mohd. Akbar Shah & Ors. vs. State &
Ors., decided on 31.05.2016, and Angrez Singh vs. UT of J&K and
Others, decided on 03.07.2023, as well as the judgment in Puran
Chand and others vs. UT of J&K and another, bearing WP(C) No.
3249/2023. The petitioners submitted that in these judgments, similar
issues were considered, and it was held that there is no prohibition on
the sale of such land, as Condition No. 4 of Government Order No. S-
432 of 1966 dated 03.06.1966 has been declared/rendered otiose and
does not affect the right of the owners of the land to alienate the same,
provided other statutory requirements are fulfilled for such alienation.
06. Further, this Court in the case Angrez Singh vs. UT of J&K and Others,
WP(C) No. 1657/2023, while relying on Mohammad Akbar Shah's case
(supra), held as under:
"The judgment, in very clear and categoric terms, holds that the
condition no. 4 of the Government Order no. S-432 of 1966
dated 03.06.1966 is rendered otiose and is not to effect the right
of the owner of the land to alienate the same provided other
statutory requirements are fulfilled for such alienation. Thus, it
was not available for the Tehsildar Marheen to seek any
clarification with respect to the similarity of the case of the
petitioner vis-à-vis that of the person who was the petitioner in
OWP no. 982/2015."
07. The judgment of this Court in OWP No. 982/2015, to the extent it holds
that Condition No. 4 of Government Order No. S-432 of 1966 dated
03.06.1966 is a judgment in rem and is to be implemented by all
concerned, including the Tehsildar, Kathua.
08. It is urged by the learned counsel for the petitioners that the issue
involved in the present petition has already been settled in the
judgments cited hereinabove.
09. This writ petition can be disposed of at this stage by taking due
cognizance of the position of law settled by this Court in its judgment
dated 31.05.2016, passed in OWP No. 982/2015, titled Mohammad
Akbar Shah and Others vs. State and Others, wherein this Court held
that Condition No. 4 of Government Order No. S-432 of 1966, dated
03.06.1966, is otiose.
10. Keeping in view the aforesaid facts and circumstances, as well as the
law, this writ petition is disposed of with a direction to the Tehsildar,
Kathua, to issue the requisite revenue documents in favor of the
petitioners, subject to the condition that the petitioners do not suffer
from any other legal disability or disqualification preventing them from
seeking or obtaining the requisite revenue Fard/record concerning the
proposed alienation of the land intended by them.
11. Let the needful compliance be done by the Tehsildar, Kathua, at his end
within a period of one month from the date of receipt of the certified
copy of this order.
12. Disposed of accordingly.
(SINDHU SHARMA)
JUDGE
Jammu:
24.02.2025
Vishal
