JK High Court Flags Non-Compliance With 2016 Land Judgment

   

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh at Jammu has directed the Union Territory’s Revenue Department to submit a detailed affidavit on the issuance of Fard Intikhab Jamabandi and subsequent land mutations connected to Government Order No. S-432 of 1966. The directive came during the hearing of two writ petitions filed by Mohan Lal Angral and others challenging delays and non-compliance by revenue officials in processing land transfer documents.

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Justice Rahul Bharti, while issuing the order on 11 July 2025, noted that the legal position regarding ownership rights under Government Order S-432 of 1966 had already been conclusively settled by a 2016 High Court judgment in Mohammad Akbar Shah and Others vs State of J&K and Others. The court observed that despite the 2016 ruling serving as a precedent, several subsequent petitions by similarly placed individuals continued to face resistance from revenue authorities.

The bench referred to multiple cases decided after the 2016 judgment, including Angrez Singh vs UT of J&K (2023), Puran Chand vs UT of J&K (2024), Ravinder Kanta vs UT of J&K (2024), and several others decided in 2025. In each of these matters, the court had directed the issuance of Fard Intikhab Jamabandi to facilitate the transfer of ownership rights, yet compliance remained pending in many instances.

The Revenue Department is reportedly holding back the issuance of the required documents, citing ongoing legal challenges, but the court clarified that once the basic judgment had attained finality and had not been appealed, it must be implemented consistently across all regions. Justice Bharti cautioned against what he termed the “regionalisation” of legal challenges, where compliance is withheld in certain districts despite clear judicial directions.

The Commissioner/Secretary to Government, Revenue Department, has been instructed to provide a district-wise and tehsil-wise account of how many Fards have been issued under the 1966 order and how many related mutations have been attested. The department has been given a one-month deadline, with the next hearing scheduled for 20 August 2025.

A copy of the order was handed over to Senior Additional Advocate General Monika Kohli for ensuring prompt compliance.

The case highlights ongoing administrative delays in implementing settled legal positions related to land ownership transfers in Jammu and Kashmir, despite repeated High Court directions reinforcing citizens’ rights under Government Order S-432 of 1966.

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