SRINAGAR, Oct 12: Justice Mohammad Yousuf Wani while disposing of petition filed by the owners of the property for which they had applied to concerned revenue authorities for issuance of Fard (revenue extracts) in their favour directed the Tehsildar South Srinagar to issue revenue extracts/Fards in favour of the petitioners under rules, already applied by adding that the revenue authorities cannot refuse revenue extracts (Fard) except specifically barred by the court or competent authority .
Cort added that the necessary revenue extract/Fard shall be issued within a period of one week from the date a copy of this order is left at the office of respondent-Tehsildar.
The court has recorded that the Revenue Department being the custodian of the land records cannot refuse issuance of the revenue extracts except under the circumstances where such issuance is expressly and specifically barred under orders of any Revenue/Civil Court or any other Competent Authority passed in any litigation.
The competent officers/officials having the authority to issue such revenue extracts/Fards can at the most make a note of any important/relevant facto-legal point, felt by them to be necessarily incorporated in the extract but cannot refuse issuance of the revenue extracts", the court said.
The court observed it is shocking that citizens are being made to suffer by the Revenue authorities by not issuing the revenue extracts/Fards in their favour under rules as the mere issuance of revenue extracts/Fards cannot be used to change the recorded entries except strictly in accordance with the law otherwise they can make mention by way of a footnote of any court directions/ orders or any other Government instructions so that same can be perused by the authorities before whom such extracts will be produced in connection with any subsequent transactions.
The court during the course of arguments was informed that the office of the Divisional Commissioner, Kashmir, Anshul Garg has recently vide communication dated 09.09.2026, enjoined upon all the Deputy Commissioners of Kashmir Division to ensure compliance of the Government instructions/clarifications, in letter and spirit, ensuring adherence to the Public Services Guarantee Act. Government Orders.
There should be no hesitation in issuance of a revenue extract/Fard strictly as per the available revenue record.
Above all as DC Jammu, Anshul Garg also communicated to Div Com & FCR vide no. DCJ/SQ/GM KHAD/2021-22 /1671-72 Dated. 06.07.2021 that "neither there was any ban on Gair Mumkin Khad Lands nor there is any ban as on today" but his intelligence & competence was not bothered by top revenue Officers of J&K for the reasons best known to them for causing intentional delay in public works, which is till day giving harassment to thousand of innocents of Jammu Province & loss of crore per month to JKUT on Stamp Duty Fee & other Taxes by not allowing sale/purchase of Gair Mimkin Khad Nomencluture lands despite no any Khad or Nallah flowing near by said plots?
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