HC directs Govt to issue revenue extracts to landowners under GO No S-432 of 1966

12/09/2025

JAMMU, Sep 11: In a significant judgment, the High Court of Jammu & Kashmir and Ladakh at Jammu has directed the Union Territory administration to issue revenue extracts (Fard Intikhab) to several landowners whose land was granted under Govern-ment Order No. S-432 of 1966, holding that the condition of seeking prior government permission for alienation is no longer legally enforceable.
Justice Sanjay Dhar passed the judgment while disposing of three clubbed writ petitions filed by Mohan LalAngral, Karan Singh, and Ram Parshad& others, who claimed ownership of different parcels of land in Samba and Kathua districts.
The petitioners through Sr Advocate Aseem Kumar Sawhney assisted by AdvKashif Malik contended that they had been granted ownership rights under the 1966 Government Order, which contained a condition barring alienation without prior permission and restricting use to agricultural purposes. They argued that such restrictions were no longer valid in light of subsequent legal developments and High Court rulings.
The respondents, represented by Senior Additional Advocate General Mrs. Monika Kohli, opposed the petitions, stating that the restriction in the 1966 order still applied and therefore, revenue authorities were justified in denying FardIntikhab for sale or transfer of the land.
However, relying heavily on previous rulings including Mohammad Akbar Shah &Orsvs State (AIR 2017 J&K 14) and Angrez Singh vs UT of J&K (AIR 2023 J&K 533), the Court held that the 1966 condition had become "otiose" (legally ineffective). It noted that proprietary rights had been conferred upon the petitioners and that restricting alienation post-conferment would be contrary to the concept of full ownership, especially in the absence of any statutory provision imposing such restriction.
"After becoming absolute owner of the land, restriction could not be imposed for its alienation. Such a condition could be imposed only by an act of legislation… The land was permitted to be alienated to a limited extent for the purpose of construction of residential house," the Court observed.
Rejecting the government's plea to defer the matter on the grounds that it intended to challenge previous rulings, the Court said:
"The ratio laid down in Mohammad Akbar Shah's case has been consistently followed by this Court in all subsequent decisions… No order of any superior forum has been produced to show a stay or reversal."
In conclusion, the Court allowed all three petitions and directed the revenue authorities to issue the required revenue extracts to the petitioners for the purpose of proposed land alienation.
The judgment is seen as a major relief for landowners across the Union Territory who had acquired land under the 1966 order but were unable to sell or transfer it due to the standing restriction.
BhaveshBushan appeared for petitioner in connected petitions.

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