BIMLA DEVI AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE RAHUL BHARTI
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2025-12-17. BIMLA DEVI AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND...
Judgment text
Serial No. 184 Supplementary List-1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3563/2025 CM No. 8129/2025 Bimla Devi & Ors. ….. Petitioners Through: Mr. Pranav Sharma, Advocate Vs UT of J&K & Ors. . …. Respondents Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (17. 12. 2025) 1. All nine petitioners herein are ‘successors-in-interest’ of one Sansar Singh. The petitioner No. 1-is widow of said Sansar Singh whereas the petitioners No. 2 to 6 are sons of said Sansar Singh and the petitioners No. 7 to 9 are married daughters of said Sansar Singh. 2. By reference to his status with respect to khasra No. 4140 min /4 and 4140/4 of village Bagla, erstwhile tehsil Samba now Vijaypur, district Samba, said Sansar Singh came to be accorded and vested with ownership rights of the land measuring 44 kanals and 5 kanals respectively by virtue of mutation No. 2475 under Government Order No. S-432 of 1966 dated 03. 06. 1966. WP(C) No. 3563/2025 3.
Later on upon death of said Sansar Singh, all the petitioners herein came to be beneficiaries of mutation of inheritance No. 4485 of 1988 with respect to the aforesaid two khasra numbers i. e. 4140min/4 and 4140/4 of village Bagla, tehsil Vijaypur, district Samba. 4. On the basis of their duly recorded position as owners, the petitioners are said to have applied for issuance of ‘Fard Intikhab Jamabandi’ for five (5) kanals of land out of khasra No. 4140min/4 for enabling them to effect alienation of said five (5) kanals piece of land as legitimate exercise of their right as owner. 5. Requisite application for issuance of Fard was submitted Online vide an application No. 22851509202522447462 on 15. 09. 2025. The online submission of aforesaid application was dully acknowledged by Transaction Acknowledgement which is accompanying the present writ petition as Annexure-II (Paperbook-page 23) with name of applicant being-Mohinder Singh, who is the petitioner No.
6 in the present writ petition. 6. The competent authority for issuance of requisite ‘Fard’ in the present case is the respondent No. 3-Tehsildar Vijaypur, district Samba who seems to be not according any attention and indulgence in respect to the disposal of WP(C) No. 3563/2025 the said application of the petitioners for issuance of ‘Fard Intikhab Jamabandi’ purportedly on a notion that the restriction/prohibition envisaged in Government Order No. S-432 of 1966 dated 03. 06. 1966 mandates prior permission of the Government for affecting any alienation/transfer of the land relatable to grant of ownership under Government Order No. S-432 of 1966 dated 03. 06. 1966. 7. Mr. Pranav Sharma, learned counsel for the petitioners submits that the position of law in this respect relatable to Government Order No. S-432 of 1966 dated 03. 06. 1966 has been well settled now by this Court in terms of judgments in series of cases reckoning from judgment in writ petition OWP No.
982/2015 titled “Mohdammad Akbar Shah Vs. State & Ors. ” judgment dated 31. 05. 2016 followed then by all the successive Benches of this Court. In this regard, reference is made to Order dated 03. 07. 2023 in WP(C) No. 1675/2023 titled “Angrez Singh Vs. UT of J&K & Ors”. ; judgment dated 05. 08. 2024 in WP(C) No. 1439/2024 titled “Ravinder Katna & Ors. Vs. UT of J&K & Ors”. ; Judgment dated 04. 09. 2025 in WP(C) No. 2651/2024 connected with WP(C) No. 1694/2025 WP(C) No. 3563/2025 and WP(C) No. 1771/2025 titled “Mohan Lal Angral Vs. UT of J&K & Ors. ”. 8. Repeated reluctance on the part of the concerned Tehsildar/s in matter of issuance of Fard/s in favour of the recorded owner/s by relation to Government Order No. S-432 of 1966 is not understandable.
Once the position of law has been well settled in this respect by this Court which position of law as then been consequently acted upon also but nevertheless a stereotype mindset seems to be still attending in the matter of persisting with reluctance in the issuance of ‘Fard/s’ on the part of the Tehsildar/s concerned. 9. This writ petition is disposed of with a direction to the respondent No. 3-Tehsildar Vijaypur, district Samba to issue the requisite ‘Fard’ in favour of the petitioners as applied for five (5) kanals of land in khasra No. 4140 min/4 in village Bagla, tehsil Vijaypur, district Samb, in case, the petitioners do not otherwise suffer from any other legal disability/disqualification for seeking or earning the requisite ‘Fard’ which prima face seems not to be case. WP(C) No. 3563/2025 10. Needful compliance to be done from the part of the respondent No. 3-Tehsildar Vijaypur, district Samba by or before 09. 01. 2026. 11.
The present writ petition is accordingly, disposed of along with connected application/s. (RAHUL BHARTI) JUDGE JAMMU 17. 12. 2025 SUNIL Whether the order is speaking ? : Yes Whether the order is reportable ? : Yes/No
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