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2025 DAILYLAW 4153 (JK)

SOM RAJ AND ANOTHER v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS

WP(C)/2104/2025 · 2025-08-05

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. Sr. No. 135 2 WP(C) No. 2103/2025 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