Pendency Of Criminal Case Not Valid Ground To Deny Access To Revenue Records For Sale Of Property: J&K&L High Court
The petitioner approached the Court after being denied a copy of the Fard Intikhab (revenue extract) by the Tehsildar.
The Jammu and Kashmir and Ladakh High Court held that the mere pendency of a criminal case cannot serve as a valid ground to deny a citizen access to revenue records necessary for the sale of their property.
A Bench of Justice Sanjay Dhar held, "Even a criminal has a right to sell his land and merely because a case has been registered against the petitioner, the revenue extracts for sale of land cannot be withheld."
Advocate Sandeep Singh appeared for the Petitioner, and Senior Additional Advocate General Monika Kohli appeared for the Respondents.
Background
The petitioner approached the Court after being denied a copy of the Fard Intikhab (revenue extract) by the Tehsildar of Bishnah, Jammu. He had applied for the document to facilitate the sale of a piece of land he legally owned.
However, the Tehsildar refused to issue the record, citing that a criminal case was pending against him. Specifically, he was facing charges under several sections of the Indian Penal Code (IPC), including Sections 409, 420, 465, 467, 468, 471 and 120-B.
On this basis, the Tehsildar demanded that he obtain a No-Objection Certificate (NOC) from the Senior Superintendent of Police (SSP), Crime Branch, Jammu before the revenue documents could be issued. The SSP, however, refused to provide the NOC.
Aggrieved by the SSP's refusal and the Tehsildar’s inaction, he approached the High Court seeking a directive for the issuance of the required revenue extract.
Finding
The Court found no justification for the Tehsildar’s demand for an NOC, especially since the criminal case against him was unrelated to the land in question.
"In these circumstances, it is beyond comprehension of this Court as to why the concerned Tehsildar is seeking an NOC from the Crime Branch, Jammu before issuing the Fard Intikhab in respect of the land in question in favour of the petitioner," the Court remarked.
The Court further noted that no legal provision authorizes the Revenue Department to withhold property documents merely due to the pendency of a criminal case, unless the property in question is specifically attached or subject to any legal restriction, which was not the case here.
The High Court, therefore, directed the Tehsildar, Bishnah, to issue the Fard Intikhab to the petitioner within seven days from the date of receipt of the Court’s order, without insisting on any police clearance.
Cause Title: Arun Dev Singh v. Union Territory of J&K,
Appearance:
Petitioner: Advocate Sandeep Singh
Respondents: Senior Additional Advocate General Monika Kohli and Advocate Chetna Manhas.