Jammu and Kashmir High Court
Administrative and Public LawProperty and Real Estate Law

Revenue authorities cannot withhold land-record extracts absent a specific legal bar.

SHEIKH RAFIQ AHMAD AND ANOTHER vs UNION TERRITORY OF J AND K (REVENUE) AND OTHERS

Jammu and Kashmir High CourtJUDGMENT: September 26, 20262 MIN READSOURCE JUDGMENT
Revenue authorities cannot withhold land-record extracts absent a specific legal bar.. SHEIKH RAFIQ AHMAD AND ANOTHER vs UNION TERRITORY OF J AND K (REVENUE) AND OTHERS. Jammu and Kashmir High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 9

They had constructed a commercial building and sought revenue extracts/Fards to execute formal lease deeds with tenants.

Source reference: paras. 2–3

The Tehsildar allegedly declined to issue the extracts because the village map/Aksa Latha was unavailable in the Tehsil Office.

Source reference: para. 2

The 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. 3–4
02

Issues

1. Whether the revenue authorities could refuse to issue revenue extracts/Fards because the village map/Aksa Latha was unavailable.

Source reference: paras. 2, 5–6

2. 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, 9–10
03

Law 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, 7

It 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. 6

Issuing 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. 6

No judicial precedent was cited.

Source reference: no citation
04

Reasoning

The Court considered the refusal based on the unavailable village map insufficient to justify withholding an extract.

Source reference: no citation

The petitioners had produced a registered sale deed and a Khasra Girdawari, which the Court said reflected their ownership and possession.

Source reference: para. 9

Applying 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, 10
05

Holding

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. 11
Jammu and Kashmir High Court

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SHEIKH RAFIQ AHMAD AND ANOTHERvsUNION TERRITORY OF J AND K (REVENUE) AND OTHERS

Jammu and Kashmir High Court · September 26, 2026

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