Even criminal has right to sell his land: Jammu and Kashmir High Court

The High Court of Jammu and Kashmir and Ladakh recently ruled that the pendency of a criminal case cannot be a reason to deny revenue extracts to a person seeking such records for the sale of land belonging to him [Arun Dev Singh v/s UT of J&K].

Justice Sanjay Dhar added that even a criminal has the right to sell his land.

"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," the September 24 ruling said.

The High Court was hearing a plea by one Arun Dev Singh. Singh had sought to sell some land he owned and had applied to the Tehsildar of Bishnah, Jammu for a copy of the revenue records related to this land.

The Tehsildar, however, noted that Singh had a criminal case pending against him under Sections 409 (breach of trust by public servant), 420 (cheating), 465 (punishment for forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery with intention to cheat), 471 (using a forged document as genuine) and 120-B (conspiracy) of the Indian Penal Code (IPC).

The revenue official, therefore, did not give Singh the Fard Intikhab (revenue extract) right away, and instead sought a No-Objection-Certificate (NOC) from the Senior Superintendent of Police (SSP), Crime Branch, Jammu.

The SSP eventually refused to grant the clearance. Aggrieved, Singh moved the High Court for necessary directions to enable him to get a copy of the Fard Intihab.

The Court noted that the criminal case pending against Singh was unconnected to the land he sought to sell. It, therefore, questioned why any NOC was required from the police for the purpose of getting the revenue extracts.

"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," it said.

It proceeded to direct the concerned Tehsildar to issue the necessary Fard Intikhab (revenue extract) to the petitioner within seven days from the date of receiving a copy of the Court's order.

Advocate Sandeep Singh appeared for the petitioner.

Senior Additional Advocate General Monika Kohli and advocate Chetna Manhas appeared for the Jammu and Kashmir authorities.

[Read Order]