HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No. 1396/2025 Surinder Paul Gupta, Age 74 years, S/o Hans Raj, R/o MCJ-313, Opposite E-11, Lower Shiv Nagar, Jammu. …..Petitioner(s) Through: Mr. Manpreet Singh Saini, Advocate. Vs 1. Union Territory of J&K through Commissioner-cum-Secretary to Government Revenue Department Civil Secretariat Jammu/Srinagar. 2. Inspector General of Registration, J&K Jammu. 3. Sub-Registrar, Jammu Khas, Jammu. 4. Tehsildar, Jammu Khas, Jammu. 5. Naib Tehsildar, Jammu Khas Jammu. 6. Patwari, Patwar Halqa Toph Sherkhania, Jammu. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (04.06.2025) 1. Being aggrieved of refusal on the part of the revenue officials of tehsil Jammu Khas in issuing the fard applied by the petitioner to facilitate sale of his land measuring 15 marlas comprising khasra No. 710 min situated in mauza Toph Sherkhanian, Jammu, the petitioner has come forward with the present writ petition. 2. Learned counsel for the petitioner has annexed a copy of the judgment dated 06.03.2025 passed by this Court in WP(C) Serial No. 90 2 WP(C) No. 1396/2025 No. 346/2023 titled “Mohan Lal Vs. UT of J&K and others” wherein an identically posed issue with respect to registration of sale deed related to land fard entered as Banjar Qadeem Arak came to be settled resulting in direction to the Sub Registrar, Jammu North to register a sale deed presented with respect to the said nature of land under sale. 3. In view of the fact that there is no factual difference between the cause of the petitioner in the present writ petition with respect to his grievance in seeking fard intekhab jamabandi issued in his favour for effecting sale of the land owned by him and the cause dealt with by this Court in WP(C) No. 346/2023, this court directs the respondent No. 4-Tehsildar Jammu Khas, Jammu to re-examine the issue at his end in light of the judgment dated 06.03.2025 in the writ petition WP(C) No. 346/2023 and then dispose of the application of the petitioner seeking fard intekhab jamabandi. 4. It is a reminder to the Tehsildar Jammu Khas that there is no scope available at the end of the revenue officials subordinate to him responsible in the matter of issuance of fard intekhab jamabandi to refuse fard on the plea that the nature of the soil recorded is Banjar Qadeem Arak which cannot be alienated under section 133-BB of Land Revenue Act, Svt. 1996. 3 WP(C) No. 1396/2025 5. Let the petitioner approach the Tehsildar Jammu Khas, Jammu within a period of next fifteen days whereupon the Tehsildar Jammu Khas, Jammu to dispose of the application of the petitioner for seeking fard within a period of next fifteen days. 6. Disposed of. (RAHUL BHARTI) JUDGE JAMMU 04.06.2025 Shivalee Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Shivalee Khajuria 2025.06.05 13:33 I attest to the accuracy and integrity of this document