Jammu & Kashmir and Ladakh High Court directs Tehsildar to comply with statutory duties, ensuring timely issuance of revenue extracts.
In a significant judgment, the Jammu & Kashmir and Ladakh High Court has directed the immediate issuance of revenue extracts to Sheikh Rafiq Ahmad and another petitioner, owners of a piece of land in Baghat Barzullah, Srinagar. This directive comes after the petitioners faced repeated refusals from the local Tehsil Office, which cited the unavailability of the village map/Aksa Latha as the reason for their inaction.
Presiding over the case, Justice Mohd Yousuf Wani emphasized the custodial role of the Revenue Department concerning land records, stating that authorities cannot refuse the issuance of revenue extracts unless explicitly barred by a Revenue/Civil Court or competent authority. The court underscored that the issuance of such documents is a statutory duty under the Jammu and Kashmir Public Services Guarantee Act, 2011, which mandates the provision of public services within a specified timeframe.
The petitioners had sought these extracts to execute formal rent/lease deeds for tenants occupying their commercial building. Despite fulfilling all procedural requirements, their requests were ignored, leading to significant inconvenience and impediments in enjoying their property rights. The court criticized the arbitrary actions of the Revenue authorities, noting that such practices infringe upon citizens' constitutional rights under Article 300-A.
The judgment also referenced a recent directive from the Divisional Commissioner, Kashmir, urging Deputy Commissioners to adhere strictly to government instructions and recreate missing records as needed. This directive aligns with the court's order, which mandates the issuance of the required documents within one week, ensuring that the petitioners can proceed with their legal transactions without further delay.
The court's decision highlights the importance of maintaining transparency and accountability in public service delivery, reinforcing the need for government authorities to act within the bounds of their legal obligations. The ruling is expected to set a precedent for similar cases, ensuring that citizens' property rights are respected and upheld by local authorities.
Bottom Line :
Revenue authorities cannot refuse issuance of revenue extracts/Fard strictly as per available revenue record merely on the ground that village map/Aksa Latha is not available; at the most, they may incorporate relevant footnotes regarding court orders or government instructions. Non-issuance of such extracts, when sought under rules, warrants a direction for issuance within a time-bound period.
Statutory provision(s):
Jammu and Kashmir Public Services Guarantee Act, 2011, Article 300-A of the Indian Constitution.
