Even a Criminal Has a Right to Sell His Land, Pending Cases Cannot Block Revenue Records: Jammu and Kashmir High Court

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The Jammu and Kashmir High Court ruled that even a criminal has the right to sell their land. It clarified that pending cases cannot be used as a reason to withhold revenue records required for property sale.

The High Court of Jammu and Kashmir and Ladakh ruled that a pending criminal case cannot be used as a justification to deny revenue extracts to an individual seeking such records for the sale of their land.

Justice Sanjay Dhar emphasized that,

“Even a criminal has a right to sell his land.”

The ruling, issued on September 24, clarified that merely having a case registered against someone does not warrant withholding revenue extracts necessary for the sale of land.

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The case involved Arun Dev Singh, who sought to sell his land and applied to the Tehsildar of Bishnah, Jammu, for a copy of the revenue records associated with it.

However, the Tehsildar noted that Singh had a criminal case pending against him under various sections of the Indian Penal Code, including 409 (breach of trust by public servant), 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery with intent to cheat), 471 (using a forged document as genuine), and 120-B (conspiracy).

As a result, the revenue official withheld the Fard Intikhab (revenue extract) and requested a No-Objection Certificate (NOC) from the Senior Superintendent of Police (SSP), Crime Branch, Jammu. Ultimately, the SSP declined to issue the clearance. In response, Singh approached the High Court for directions to obtain his Fard Intikhab.

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The Court recognized that the criminal case against Singh had no relevance to the land he intended to sell, questioning the necessity of an NOC from the police for obtaining revenue extracts.

It stated,

“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.”

Consequently, the Court directed the Tehsildar to issue the required Fard Intikhab to Singh within seven days of receiving a copy of the Court’s order.

Advocate Sandeep Singh represented the petitioner, while Senior Additional Advocate General Monika Kohli and advocate Chetna Manhas represented the Jammu and Kashmir authorities.

Case Title: Arun Dev Singh v/s UT of J&K

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