NEELAM SARAF v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS
WP(C)/2524/2025 · 2025-09-15
Sanjay Dhar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 4758 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4758 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2524/2025 CM No. 5792/2025
Neelam Saraf …..Petitioner(s)
Through: Mr. Jagpaul Singh, Advocate.
Vs
UT of J&K & Ors.
.…. Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG with Ms. Chetna Manhas, Advocate.
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER 15.09.2025
1. The grievance, as projected by the petitioner in this writ petition, is that respondent No. 2 has rejected her application for grant of property certificate/solvency certificate to fulfill the requirements of terms of Excise Policy, 2025-26 as the petitioner has been granted a temporary licence for possession and sale of liquor at Supwal, Samba with effect from 01.07.2025. 2. It has been submitted that the petitioner is the lessee in respect of plot No. 55, Sector-A, JDA Colony, Birpur, Tehsil Bari Brahamana, District Samba which has been leased out to her by the Jammu Development Authority vide Lease Deed dated 07.06.2016 for a period of forty years. It has been further submitted that respondent No. 2-Deputy Commissioner, Samba has rejected the application of the petitioner on the ground that the khasra number of the plot in question is not mentioned. 3. Heard and considered. Sr. No. 07
2 WP(C) No. 2524/2025
4. Issue notice to the respondents. 5. Ms. Chetna Manhas, Advocate appearing vice Mrs. Monika Kohli, learned Sr. AAG accepts notice on behalf of the respondents. 6. Having regard to the grievance as projected by the petitioner, the writ petition can be disposed of at this stage without calling for reply of the respondents. 7. The Jammu Development Authority whenever it develops a residential colony, identifies plots of land by giving plot numbers whereafter the said plots are leased out to intending lessees in accordance with the policy framed by the Jammu Development Authority. The allottee of plot of land is only provided the plot number and its specifications including measurements, therefore, it is not possible for an allottee to provide the khasra number of the plot. The plot in question appears to have been allotted in favour of the petitioner by the JDA which is a statutory Authority. Therefore, insisting upon disclosure of khasra number of the plot of the petitioner by respondent No. 2 appears to be an unnecessary formality. 8. The respondent No. 2 has only to verify the title of the petitioner to the plot in question, which can be done by ascertaining the facts from the Jammu Development Authority. Even if any khasra number is required, it can be ascertained by respondent No. 2 from subordinates Revenue Officers/Officials.
In no case, the petitioner’s application could have been rejected by respondent No. 2 on the ground that the khasra number is not mentioned. 3 WP(C) No. 2524/2025
9. For what has been discussed hereinabove, respondent No. 2 is directed to re-consider the application of the petitioner afresh in the light of what has been stated hereinbefore and to furnish the requisite report to the petitioner within a period of ten days from the date a certified copy of this order is made available to respondent No. 2 by the petitioner. 10.
Disposed of, accordingly.
(SANJAY DHAR) JUDGE JAMMU
15.09.2025
Shivalee
Whether the order is speaking: Yes Whether the order is reportable: No
Shivalee Khajuria 2025.09.17 14:01 I attest to the accuracy and integrity of this document Jammu