Even Criminal Can Sell His Land; Revenue Proceeds Cannot Be Withheld Merely Due To Pending Case: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court held that pendency of a criminal case against a person cannot be a ground to deny them the right to sell their immovable property, observing that “even a criminal has a right to sell his land.”

A bench of Justice Sanjay Dhar made the observation while disposing of a petition filed by Arun Dev Singh, who had approached the court after revenue authorities refused to issue Fard Intikhab (revenue extracts) for his land in Village Kanhal, Tehsil Bishnah, District Jammu.

The Tehsildar had insisted on a no-objection certificate (NOC) from the Crime Branch because an FIR for various offences under the Indian Penal Code was under investigation against the petitioner.

The court noted that the FIR on record had “nothing to do” with the land in question and questioned the legality of withholding revenue extracts on that basis.

“It is beyond comprehension 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,” Justice Dhar remarked.

The court emphasized that registration of a criminal case by itself does not divest an individual of their property rights. “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 action of the respondent is, therefore, not sustainable in law,” the order stated.

Allowing the plea, the court directed the Tehsildar, Bishnah (respondent No. 3), to consider and decide the petitioner's application for issuance of Fard Intikhab strictly in accordance with law and in light of the court's observations, within seven days of receiving a certified copy of the order.

Case Title: Arun Dev Singh v. UT of J&K & Ors, 2025

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