Facts
The petitioners claimed ownership and possession of land at Baghat Barzulla, Srinagar, purchased under a registered sale deed, and relied on a Khasra Girdawari showing their ownership and possession.
Source reference: para. 9They had constructed a commercial building and sought revenue extracts/Fards to execute formal lease deeds with tenants.
Source reference: paras. 2–3The Tehsildar allegedly declined to issue the extracts because the village map/Aksa Latha was unavailable in the Tehsil Office.
Source reference: para. 2The petitioners sought a direction requiring the revenue authorities to issue the extracts and argued that the delay violated the Jammu and Kashmir Public Services Guarantee Act, 2011, and their rights under Article 300-A of the Constitution.
Source reference: paras. 3–4Issues
1. Whether the revenue authorities could refuse to issue revenue extracts/Fards because the village map/Aksa Latha was unavailable.
Source reference: paras. 2, 5–62. Whether the petitioners were entitled to a direction requiring issuance of the requested extracts on the basis of the available revenue record.
Source reference: paras. 5, 9–10Law Applied
The Court referred to the Jammu and Kashmir Public Services Guarantee Act, 2011, and the Divisional Commissioner’s communication of 9 September 2026 directing compliance with government instructions and the Act.
Source reference: paras. 4, 7It held that revenue authorities, as custodians of land records, must issue extracts strictly in accordance with the available record and cannot refuse issuance unless it is expressly and specifically barred by an order of a Revenue or Civil Court, or another competent authority.
Source reference: para. 6Issuing an extract does not alter recorded entries; relevant court orders, government instructions, or other matters may instead be noted by way of a footnote.
Source reference: para. 6No judicial precedent was cited.
Source reference: no citationReasoning
The Court considered the refusal based on the unavailable village map insufficient to justify withholding an extract.
Source reference: no citationThe petitioners had produced a registered sale deed and a Khasra Girdawari, which the Court said reflected their ownership and possession.
Source reference: para. 9Applying its stated rule that extracts must be issued according to the available record, and that issuance does not itself change recorded entries, the Court found the matter suitable for disposal by direction at the threshold stage.
Source reference: paras. 5–6, 10Holding
The Court directed the respondents, particularly the Tehsildar, South Srinagar, to issue the revenue extracts/Fards already applied for, in accordance with the rules, within one week after a copy of the order was delivered to that office.
The writ petition and connected applications were disposed of.
Source reference: para. 11Original Court PDF
SHEIKH RAFIQ AHMAD AND ANOTHERvsUNION TERRITORY OF J AND K (REVENUE) AND OTHERS
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