Excelsior Correspondent
SRINAGAR, Sept 30: Observing that on mere registration of FIR, a person cannot be denied revenue extracts of his land for selling purposes, the High Court has directed the Tehsildar concerned to issue the revenue extracts to the petitioner for his land within seven days.
The petitioner Arun Dev Singh approached the court seeking directions to revenue authorities to issue NOC and revenue extracts with regard to the sale of his proprietary land.
The grievance of Singh before the court is that he is intending to sell his land measuring 2 kanals 17 marlas and for this purpose, he had applied for revenue extracts before Tehsildar concerned but instead of issuing the Fard Intikhab (revenue extract), he has sought NOC from Senior Superintendent of Police (SSP) concerned as there is an FIR pending investigation against him and the Police Department has not given NOC to Tehsildar as a result of which, Fard Intikhab (Revenue Extracts) is not being issued in his favour.
The court of Justice Sanjay Dhar after perusal of FIR said, the same does not have anything to do with the land which is sought to be sold by the petitioner. “In these circumstances, it is beyond comprehension of this court as to why the concerned Tehsildar is seeking an NOC from the police concerned before issuing the Fard Intikhab in respect of the land in question in favour of the petitioner,” Justice Dhar said.
“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 respondent No. 2 is, therefore, not sustainable in law”, Justice Dhar recorded.
The court accordingly allowed the plea of petitioner-Singh with the direction to Tehsildar concerned to consider the application of the petitioner-Singh for grant of Fard Intikhab (revenue extract) in respect of the aforesaid land, strictly in accordance with law and in the light of the observations made hereinabove, most expeditiously within a period of seven days.
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