The High Court of Jammu and Kashmir on September 24, 2025 allowed a writ petition seeking clarification on the actions of the Tehsildar of Bisnah (respondent no.3) who refused to give revenue extracts to the petitioner. The Court held that the mere case being registered against the petitioner does not bar him from the right to sell his land.
The case arose when the Tehsildar of Bishnah refused to issue the petitioner’s Fard Intikhab, a revenue extract providing details of a land, which the petitioner needed to sell his land in village Kanhal, Bishnah. The Tehsildar had demanded an NOC (No Objection Certificate) from the Superintendent of Police (Respondent No. 2), citing multiple FIRs against the petitioner alleging fraud, breach of trust, forgery, and criminal conspiracy. Consequently, the petitioner approached the Court seeking clarification on the legality of requiring such an NOC.
Judge Sanjay Dhar noted that there is no justification for the Tehsildar to seek an NOC from the Crime Branch, as a pending criminal case does not bar a person from selling their land and withholding the Fard Intikhab on that basis was unlawful. Accordingly, the Court disposed of the petition, directing Respondent No. 3 to issue the revenue extract in accordance with law within seven days of receiving a certified copy of this order.
Appearances:
For the Petitioner – Adv. Sandeep Singh
For the Respondents – Adv. Mrs. Monika Kohli, Sr. AAG with Ms. Chetna Manhas
