Asif Iqbal Naik
Jammu, October 9, 2025: In a landmark judgment, the High Court of Jammu & Kashmir and Ladakh (Jammu Bench), led by Hon’ble Justice Sanjay Dhar, held that owners of land allotted for agricultural purposes under Government Order S-432 of 1966 dated 03.06.1966 can alienate their land without seeking prior government permission. The Court directed the Tehsildar Udhampur to issue revenue extracts (Fard Intikhab) for the purpose of alienation.
The petition was filed by Dev Raj, son of Dullo, of Village Bishal Jattan, Tehsil and District Udhampur, who owns 10 Marlas of land under Khasra No. 45. The petitioner was represented by Advocate Faheem Shokat Butt, while the respondents—the Union Territory of J&K and Tehsildar Udhampur—were represented by Ms. Chetna Manhas, assisting Senior AAG Monika Kohli.
The petitioner argued that, although the 1966 order included a condition prohibiting alienation without prior government approval and restricting the land’s use to agriculture, these restrictions no longer apply. The Tehsildar Udhampur had refused to issue Fard, citing these conditions.
The High Court referred to earlier rulings, including Mohammad Akbar Shah vs. State (AIR 2017 J&K 14) and Angrez Singh vs. UT of J&K (AIR 2023 J&K 533). It observed that the condition in the 1966 order requiring government permission had become otiose over time. The Court noted that once proprietary rights are conferred, the owner has complete dominion over the land, and restrictions on alienation cannot be imposed unless by legislation.
The judgment emphasized that the original intent of the 1966 order—to ensure land was used for agriculture—was relevant in a past era when agriculture was the backbone of the economy. Today, such restrictions are outdated, and owners should have the freedom to transfer or sell their land in accordance with modern economic needs.
Significance of the Judgment:
• Confirms absolute ownership rights of land allotted under Government Order S-432 of 1966.
• Prevents arbitrary denial of revenue extracts by authorities for alienation.
• Provides legal clarity for landowners in Jammu & Kashmir seeking to transfer or sell land.
• Facilitates economic flexibility, allowing landowners to utilize land beyond agriculture.
The Court’s ruling clears a long-standing legal ambiguity, marking a significant step toward strengthening property rights and modernizing land administration in Jammu & Kashmir and Ladakh.
