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Srinagar, Oct 7: Justice Mohd Yousuf Wani has directed the Tehsildar South, Srinagar, to issue revenue extracts/fards to two landowners from Baghat Barzulla within one week, observing that revenue authorities cannot refuse such documents merely because a village map is unavailable.
Court while disposing of a petition filed by Sheikh Rafiq Ahmad and his wife Rifat Rafiq, residents of Baghat Barzulla, who had sought issuance of revenue extracts for their land.
The petitioners submitted that they owned and possessed land measuring 1 Kanal 7½ Marlas at Baghat Barzulla and had raised a commercial building on the property after obtaining requisite building permission.
They said portions of the building had been rented out, but they were unable to execute formal rent/lease deeds with tenants as the revenue extracts required for the transactions were not being issued.
The petitioners alleged that the Tehsildar had declined to issue the Fard on the ground that the village map/Aksa Latha was unavailable in the Tehsil office.
Justice Wani observed that the Revenue Department, being the custodian of land records, cannot refuse issuance of revenue extracts unless their issuance is expressly barred by an order of a Revenue or Civil Court or another competent authority.
There should be no hesitation in issuance of a revenue extract/Fard strictly as per the available revenue record,” the court observed.
The court further clarified that issuance of a revenue extract does not by itself alter recorded entries. Authorities may, however, mention relevant court directions, government instructions or other legal facts through a footnote in the extract.
The court also took note of a September 09 order of the Divisional Commissioner, Kashmir, directing Deputy Commissioners to ensure citizen services and compliance with the Jammu and Kashmir Public Services Guarantee Act, 2011.
The court accordingly directed the Tehsildar South to issue the required fards within one week of receiving a copy of the order and disposed of the writ petition along with the connected application.
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