Sr. No. 44 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3073/2024 CM No. 7608/2024 Jeet Ram & ors. …. Petitioner/Appellant(s) Through:- Mr. N. D. Qazi, Advocate V/s Union Territory of J&K & anr. …..Respondent(s) Through:- Mrs. Monika Kohli, Sr. AAG CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 01.01.2025 01. The petitioners in this petition have challenged the impugned order dated 19.12.2024 passed by respondent No.2, Tehsildar Bari Brahmana, District Samba, whereby application filed by them to prepare the revenue papers for sale purpose for the land measuring 04 Kanals comprising in Khasra No.319/61 situated at village Kotli Rajpura Koular Post Officer Birpur, Tehsil Bari Brahmana, District Samba, was rejected. They also sought direction to respondent No. 2 to prepare revenue papers for sale purpose. 02. The contention of the petitioners herein is that the petitioners intend to alienate the aforesaid land in favour of Mukhtiar Ahmed S/o Abdul Majeed R/o Sunarthwah, Tehsil Chirala District Doda at present Sunjwan Jammu, for which, they made an application through online mode on 12.09.2024 for issuance of Fard but the said application was rejected on the ground that the land proposed to be alienated by the petitioners is one governed under the Government Order No. S-432 of 2 1966 dated 03.06.1966 which bars transfer of ownership rights without the requisite permission of the Government. 03. It is submitted that an application filed by the petitioners to review the order dated 19.12.2024 for issuing the revenue papers for sale purpose in the light of judgments passed by this court in cases titled Mohd. Akbar Shah & ors vs. State & ors. decided on 31.05.2016 and Angrez Singh vs. Union Territory of J & K and others‟ decided on 03.07.2023. In this application, it was submitted that in the said judgments, similar issue was considered and it is held that there is no prohibition in sale of such land as condition No.4 of Government Order no. S-432 of 1966 dated 3.6.1966 is declared/rendered otiose and does not effect the right of the owners of the land to alienate the same provided other statutory requirements are fulfilled for such alienation. 04. Further this Court in case Angrez Singh vs. Union Territory of J & K and others i.e., WP (C) No.1657/2023, while relying on judgment of 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”. 05. The judgment of this Court in OWP No. 982/2015 to the extent holding the condition No. 4 of Government Order No. S-432 of 1966 dated 03.06.1966 is a judgment in rem and to be implemented by all the concerned which includes Tehsildar Bari Brahmana. 3 06. 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 to herein above. 07. This writ petition can be disposed of at this stage by taking due cognizance of position of law settled by this Court in terms of 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 came to hold that the condition No. 4 of Government Order No. S-432 of 1966 dated 03.06.1966 as being otiose. 08. Keeping in view the aforesaid facts and circumstances and the law, this writ petition is disposed of with a direction to the Tehsildar Bari Brahmana to accord the requisite revenue documents in favour of the petitioners, subject to the condition that the petitioners otherwise do not suffer from any other legal disability/disqualification from seeking or earning the requisite revenue fard/record with respect to proposed alienation of land intended by them. 09. Let needful be done by the Tehsildar Bari Brahmana, District Samba at his end within a period of one month from the date of receipt of certified copy of this order. 10. Disposed of, accordingly. (SINDHU SHARMA) Judge JAMMU RAM MURTI/PS 01.01.2025 Ram Murti 2025.01.03 12:46 I attest to the accuracy and integrity of this document