J&K High Court Flags Regional Disparity By UT Administration In Implementing Court Orders On Land Ownership Across Srinagar And Jammu

The Jammu & Kashmir High Court has taken strong exception to the “regionalised” approach of the UT administration, noting that the High Court's decision in conferring land ownership rights was selectively implemented in the Srinagar wing and not in the Jammu wing.

A bench of Justice Rahul Bharti noted that the coordinate Bench's decision in 2016 conferring ownership rights on occupants of government property through the 1966 order had already been settled, butthe J&K administration is holding back in the issuance of 'Fard' in many similar cases in Jammu for facilitating transfer.

The court remarked that the current stance of the UT administration gives the impression that legal finality is being treated differently across the Jammu and Srinagar Wings of the Court, which is unacceptable.

The court observed that “Once the basic judgment passed by this Court has attained finality without being challenged and has become a precedent for the coordinate benches to follow, then judgments passed by coordinate benches cannot be faulted on the pretext of being challenged unless the basic judgment is itself called in question.”

The court was hearing a petition where the Revenue Department was accused of withholding 'Fard Intikhab Jamabandi', a critical revenue document required for land transfers, even though the legal position on such ownership claims had been conclusively settled by the High Court nearly a decade ago in Mohammad Akbar Shah & Ors. v. State & Ors.

The Court noted with concern that directions have not been complied with by Revenue officials in many cases.

Petitioners informed the Court that the UT Government has now gone into challenge in some of these matters and is refusing issuance of 'Fard' documents in other similar cases, thus impeding the lawful transfer of land.

The court said, “This Court is being made to understand as if the legal challenge has been regionalized in Jammu Wing but not in Srinagar Wing."

In light of this troubling pattern, the Court directed the Commissioner/Secretary, Revenue Department to submit an affidavit disclosing:

How many 'Fards Intikhab Jamabandi' were issued in Kashmir Province pertaining to lands covered under G.O. S-432 of 1966, district and tehsil-wise; and

How many sale-based mutations have been attested based on ownership conferred under the said Government Order.

The Court emphasized that legal finality must translate into administrative compliance and that uniform respect for coordinate bench rulings is essential to maintain judicial discipline.

It said that the basic judgment having neither been challenged nor overturned, forms the legal basis for all similarly situated cases. Revenue officials cannot selectively deny relief on mere pretext of pending challenges in unrelated matters.

The Court has directed the Revenue Secretary to file the requisite affidavit and ensure necessary compliance at the earliest.

APPEARANCE:

Aseem Kumar Sawhney, Advocate for Petitioners

Mrs. Monika Kohli for Respondent

Case-Title: Mohan Lal Angral Vs UT of J&K & Ors. , 2025

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