Srinagar: The High Court of Jammu & Kashmir and Ladakh has held that the Revenue Department, as custodian of land records, cannot refuse to issue revenue extracts (Fard) except where a Revenue/Civil court or other competent authority has expressly barred it.
The court also directed the Tehsildar South, Srinagar, to issue the documents to two petitioners within one week in a writ petition filed by Sheikh Rafiq Ahmad and Rifat Rafiq, residents of Baghat Barzulla, Srinagar.
The petition was disposed of by Justice Mohammad Yousuf Wani through an order in WP (C) No. 2447/2026, filed at the threshold stage.
The petitioners said they own land under Survey Nos. 1451/362 Min and 1455/362 at Baghat Barzulla through a registered sale deed, and have built a commercial building on it after obtaining building permission.
Several tenants occupy space in the building and are pressing for formal lease deeds. To execute these, the petitioners applied online for revenue extracts, but despite repeated visits, the concerned Tehsildar refused, saying the village map (Aksa Latha) was not available in the Tehsil office.
Their counsel, advocate Nissar Ahmad, argued that the inaction violated the Jammu and Kashmir Public Services Guarantee Act, 2011, and infringed the petitioners’ right to property under Article 300-A of the Constitution.
He also cited a September 9, 2026 order of the Divisional Commissioner, Kashmir, which asked Deputy Commissioners to deliver services to citizens per standing orders and to re-create missing or dilapidated ‘Massavies’.
The court called it “shocking” that citizens were being made to suffer by revenue authorities who did not issue extracts under the rules.
It held that officials may at most add a note on any important legal point or a footnote on court directions, orders or government instructions, so that authorities who later see the extract can take them into account, but they cannot withhold the extract.
The court clarified that issuing an extract does not alter recorded entries, which can be changed only strictly in accordance with law.
Those entrusted with the records, it said, have no authority to refuse extracts to applicants strictly as per the records.
Justice Wani observed there should be no hesitation in issuing a Fard based on available revenue records. He noted that even a person who is not a recorded owner may urgently need an extract for a property recorded in someone else’s name, in order to enforce rights arising from a legal transaction.
The court also took note of the Divisional Commissioner’s communication directing all Deputy Commissioners of the Kashmir Division to comply with government instructions in letter and spirit and to adhere to the Public Services Guarantee Act.
The petitioners placed on record a copy of the registered sale deed and the Khasra Girdawari, which the court said clearly show them as absolute owners in possession of 1 Kanal 7½ Marals of land.
Finding that disposal at the threshold would meet the ends of justice, the court directed all respondents, especially the Tehsildar South, to issue the revenue extracts the petitioners had already applied for, under the rules.
The extracts must be issued within one week from the date a copy of the order is left at the Tehsildar’s office.
The respondents include the Union Territory of J&K through the Revenue Department, the Deputy Commissioner Srinagar, the Tehsildar South, the Sub-Registrar South and the Patwari, Barzulla Baghat.
