Jammu & Kashmir High Court Upholds Right to Sell Property Amidst Criminal Charges
Revenue Authorities Directed to Issue Fard Intikhab Despite Pending FIR Against Petitioner
In a landmark judgment, the Jammu & Kashmir High Court has ruled in favor of Arun Dev Singh, permitting him to sell his property despite the pending investigation of an FIR against him. The court directed the revenue authorities to issue the necessary revenue extracts, known as Fard Intikhab, for the land sale, emphasizing that the pendency of an FIR unrelated to the property cannot be a valid ground to withhold such documents.
Mr. Sanjay Dhar, J., presiding over the case WP (C) No. 2630 of 2025, CM No. 6073 of 2025, on September 24, 2025, addressed the grievance of the petitioner, Arun Dev Singh. Singh sought to sell his land measuring 2 kanals and 17 marlas located in village Kanhal, Tehsil Bishnah, District Jammu. However, his application for revenue extracts was stalled by the Tehsildar of Bishnah, who demanded a No Objection Certificate (NOC) from the Crime Branch due to an ongoing FIR No. 89/2023 against Singh under various sections of the Indian Penal Code, including 409, 420, 465, 467, 468, 471, and 120-B.
The court scrutinized the FIR and found it unrelated to the land in question. Justice Dhar questioned the rationale behind the Tehsildar's requirement for a Crime Branch NOC, asserting that even individuals facing criminal charges retain the right to sell their property. The court deemed the Tehsildar's action unsustainable in law, reiterating that the FIR's pendency should not impede the issuance of revenue extracts for land sale.
The judgment mandates the Tehsildar, respondent No. 3, to process Singh’s application for the Fard Intikhab without delay and strictly in accordance with the law, ensuring completion within seven days of receiving the court order. This decision underscores the judiciary's stance on safeguarding property rights, even amidst legal challenges faced by individuals.
This ruling provides clarity on the rights of property owners facing unrelated criminal charges and sets a precedent for similar cases in the future, reinforcing the principle that property rights are not automatically compromised due to unrelated legal proceedings.
Bottom Line:
Even a person facing criminal charges has the right to sell his property, and revenue authorities cannot withhold revenue extracts (Fard Intikhab) for the sale of land solely due to the pendency of an FIR that is unrelated to the property in question.
Statutory provision(s): Sections 409, 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, 1860
Arun Dev Singh v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2785676
