IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AT

JAMMU.
WP(C) No. ___ of 2021
This WP(S) is filed under Article 226 of The Constitution and pertains to
District Jammu.

1. Madan Lal Age 62 years S/O Sardha Ram

R/O Village Barnai Tehsil & District Jammu.
……… Petitioners.

Versus
1. Union Territory of Jammu and Kashmir,
through Commissioner/Secretary,
to Govt. Revenue Department, Civil Secretariat Jammu.

2. Dy. Commissioner Jammu.

3. Sub. Divisional Magistrate Jammu North.

4. Tehsildar Jammu North.

5. Patwari Halqa Barnai.

………..Respondents.

IN THE MATTER OF:

Writ petition under Article 226 of the
Constitution of India read with Section 103
of the Constitution of Jammu and Kashmir
for issuance of appropriate writ, direction
or order as prayed for in the prayer clause
of the writ petition.
MAY IT PLEASE YOUR LORDSHIPS,
The petitioner most respectfully submits as under:-

1. That the petitioner is a permanent resident of Union territory of

Jammu and Kashmir and citizen of India as such he is entitled to
all fundamental, legal and statutory rights as enshrined in the
Constitution and made applicable to the State of Jammu and
Kashmir.

2. That in this writ petition, petitioner challenges the order No.

TJN/QO/20-21/207 dated 23-07-2020 (hereinafter referred to as
order impugned) issued by respondent No. 4 without application of
mind thereby directing respondent No. 5 to make entry of stay
order which is not existing a present in Khasra Girdawri entry in
respect of the land falling under Khasra No. 505 situate as Village
Barnai Jammu. The order impugned is illegal, unconstitutional and
arbitrary which is challenged on various grounds hereinafter taken
in the writ petition. For ready reference copy of the order No.
TJN/QO/20-21/207 dated 23-07-2020 is enclosed herewith and
marked as Annexure I respectively.

3. That before setting out the grounds of challenge, the factual matrix
of the case is required to be given. The facts of the case are that
petitioner with a view to sell his proprietary land falling under
survey number 505 measuring 40 Marlas situated at village Barni
of Tehsil & District Jammu moved an application to the
respondent No. 3 on 08-04-2021 for issuance of necessary revenue
extracts i.e Frad Intkhab Jamabandi, Tatima and Khasra Girdawri
entry in respect of the said land to enable the petitioner to execute
and register sale deed in favour of the intending buyers. For ready
reference copy of the Adhar card of the petitioner and copy of the
application dated 15-04-2021 are enclosed herewith and marked as
Annexure II & III respectively.
4. That respondent No. 3 vide endorsement dated 08-04-2021
directed the Tehsildar North Jammu respondent No. 4 herein to
issue Fard under rules. The respondent No. 4 sought report from
the revenue field staff by forwarding the same in original to the
Patwari Halqa. The Patwari Halqa respondent No. 5 herein, visited
the spot and submitted the report stating therein that there is no
entry of any stay order in the revenue record at present in respect
of the land sought to be sold by the petitioner. Despite requests
the copy of the said report was not handed over to petitioner by the
Patwari for the reasons better known to him who submitted the
same to the office of the respondent No. 3 (SDM).

5. That, accordingly, the said report was submitted to the respondent

No. 3 and respondent No. 3 (SDM Jammu North) directed the
respondent No. 4 (Tehsildar Jammu North) vide his endorsement
dated 15-04-2021 to issue Fard Intakhab Jamabandi etc. as per the
report of the field staff as there is no entry of any stay in the
revenue record in respect of the land in question falling under
Khasra No 505.

6. That thereafter, respondent No. 4, on the same day vide his

endorsement No. TJN/OQ/21-22/71 dated 15-04-2021, directed
the respondent No. 5 (Patwari Halqa) for necessary action as
directed apparently by the respondent No. 3.

7. That respondent No. 5 (Patwari Halqa Barnai Jammu) received the

said application in original in his office but has not issued the Fard
Intakhab Jamabandi etc. i.e necessary revenue extracts for
execution and registration of sale deed in respect of the said
property in favour of the petitioner to execute and register sale
deed in favour of the intending purchaser, till date despite
directions from higher authority i.e respondent No. 3. It is
submitted that Patwari has no authority to delay the issuance for
Fard Intakhab Jamabandi and copy of Girdawri entry required for
the purpose which is being done by him illegally and for
extraneous considerations.
8. That after detail enquiry from the concerned revenue field staff,
petitioner came to know that there was some stay order passed by
the Hon’ble court of (Sub Registrar) Munsiff Jammu in a civil suit
titled Chanchal Singh Vs Hansraj and Ors passed somewhere in
the year 2016 and there is red entry of the said stay order in the
Khasra Girdawri entry for the Year Rabhi 2016 passed in the said
civil suit and same was later on expunged as the stay order was not
further extended and even the said civil suit was dismissed in
default on 20-05-2021 and same has not been restored till date. For
ready reference copy of the order date 20-05-2021 passed by
Munsiff court Jammu dismissing the said civil suit is enclosed
herewith and marked Annexure- III.

9. That petitioner approached the court of learned Musiff Jammu and

enquired about the status of the said case and he was told by the
said court of learned Munsiff Jammu that restoration application is
pending consideration in the said Civil suit but same has not been
restored till date.

10. That petitioner earlier also approached the Hon’ble court by way of
WP(C) No. 1274/2021 seeking writ of mandamus to direct the
respondents No. 4 & 5 to issue the required revenue extracts which
is pending disposal but later on petitioner came to know about the
order impugned from the office of respondent No. 4 which is
coming in the way of issuance of Fard, hence this writ petition is
filed challenging the same. It is further submitted that petitioner
to be very clean and clear has moved an application for withdrawal
of said writ petition and undertakes to withdraw the same as and
when the same is listed in the court on next date of hearing.

11. That petitioner again approached the respondent No. 3 and 4 and
explained that there is no stay order in force at present and
requested them to take steps for issuance of Fard but they refused
 to do the needful without any valid reason or lawful justification. It
is submitted that the order impugned and in action on the part of
the respondents who are not issuing the revenue extracts, is
illegal, arbitrary and violative of the fundamental right of the
petitioner and petitioner is seeking quashment of the order
impugned along with appropriate relief by invoking the writ
jurisdiction of this Hon’ble court on the following amongst other
grounds:-

GROUNDS
a. That while passing the order impugned, the respondent No. 4
has ignored the fact that the land falling under Kh. 505
belongs to the petitioner to the extent of 2 Kanals and who is
in possession of the same and he has got every legal right to
sell the same for lawful consideration and there is no legal
impediment in the way of sale of the land in question expect
the order impugned which is the result of non-application of
mind by the respondent No 4 and same is not based on the
facts and same being illegal, arbitrary and unconstitutional is
liable to be set aside and quashed.

b. That the order impugned has been passed in violation of and

in contradiction of the orders passed by the respondents No. 3
& 4 on the application of the petitioner directing the
respondent No. 5 to issue the Fard. Two contradictory stands
were taken by the respondents in the case which is not
permissible under law. Moreover the respondent No 4 has not
even enquired the matter in detail before passing the order
impugned, whether there is any stay order existing or in
enforce in respect of the land in question or not. The order
impugned is based on mere presumptions and imaginations as
there is not such stay order as the case stood dismissed in
default and accordingly stay order stood vacated. On that
score also the order impugned is illegal and arbitrary is liable
to be set aside and quashed.
c. That the petitioner being owner in possession of the land in question
has moved an application with prescribed fee for issuance of Fard
Intakhab Jamabandi and copy of Girdawri for execution of sale
deed in respect of the land falling under Khasra No. 505 situated at
Village Barnai Jammu which is pending since 08-04-2021 and no
Frad was issued by the respondents for unknown reasons despite
processing the application for the same. There is no justification for
sitting over the matter for a period of more than 2 months, thereby
causing unnecessary delay to the genuine cause of the petitioner. In
these circumstances, the respondent may be commanded to issue the
Fard Intakhab Jamabandi etc. i.e necessary revenue extracts for
execution and registration of Sale deed in favour of the intending
purchaser by the petitioner.

d. That respondents are under an obligation to issue Fard Intakhab

Jamabandi etc. i.e necessary revenue extracts for execution and
registration of sale deed in respect of the said property in
accordance with law at the earliest preferably within a period of two
or three days after receiving the application and such a long delay in
issuance of the same is illegal, arbitrary, unreasonable and
unjustifiable.

e. That by sitting over the application despite strong contest by the

petitioner, the respondents have caused irreparable loss to the case
of the petitioner. It is submitted that petitioner is entitled to be
issued the said documents at the earliest preferably within two days.

f. That petitioner is legally entitled to sell the property for lawful

consideration to any intending purchaser and issuance of necessary
revenue extracts shall determine his right in respect of the land
falling under Khasra number 505 measuring 40 Marlas situated at
village Barnai Tehsil & District Jammu. In action on the part of the
respondents is unconstitutional and illegal and contrary to the
Article 14 and 21 of the constitution of India.
 g. That issuance of order impugned by the respondent No. 4 without
issuing any notice to the petitioner who is owner in possession of
the land in question is also contrary to the principles of natural
justice and same is even not supported by any document and ground
realities as such same is liable to be set aside and quashed.

h. That respondents have not even rejected the application of the

petitioner for any valid reasons and just for extraneous
consideration which cannot be met out by the petitioner, are
delaying the issuance of necessary revenue extracts which is also
contrary to the principles of natural justice.

8. That for similar cause of action, the petitioner has not filed any
other writ petition either before this Hon’ble Court or any other
court of the country.

9. That the petitioner has no other efficacious remedy available to him

except to file the present writ petition before this Hon'ble Court.

10. That the petitioner craves the leave of this Hon’ble Court to urge
additional grounds, if any, at the time of hearing.

An affidavit in support of the writ petition is enclosed herewith.

In the premises:
It is, therefore, most humbly prayed that in view of the
submissions made herein above and those to be urged at the time of
arguments, this Hon’ble Court may be pleased to issue writ in the
nature of;

(i) Certiorari so as to set aside and quash order No. TJN/QO/20-

21/207 dated 23-07-2020 by declaring the same as illegal, non-
existent and in-operative as against rights of the petitioner.
(ii) Mandamus so as to direct and command the respondents
(Tehsildar Jammu North and Patwari Halaq) to issue Fard
Intakhab Jamabandi etc. i.e necessary revenue extracts for
execution and registration of sale deed in respect of the said
property in favour of the petitioner.

And,
Any other writ, direction or order, which in the facts and
circumstances of the case, this Hon'ble Court, deems fit, just and
proper, may also be issued in favour of the petitioner.

Petitioner,
THROUGH COUNSEL

(M. K SHARMA)
ADVOCATE
Lic. No. 209/2003 Email advmunish.@Msgmail.com Mobile No.
7889593929
 IN THE HON’BLE HIGH COURT OF JAMMU AND
KASHMIR AT JAMMU
WP(C) No………2021
I.A No……2021

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents

IN THE MATTER OF: -

APPLICATION FOR INTERIM RELIEF.

MAY IT PLEASE YOUR LORDSHIPS;

The appellants/applicants most respectfully submit as under: -

1. That the applicants have filed the above titled writ petition
before this Hon’ble Court which is sure to succeed on
merits.

2. That the averments made in the writ petition may be read

as part and parcel of this application as also in order to
avoid repetition and for the sake of brevity.

3. That the applicant has strong prima-facie case and the

balance of the convenience is also in favour of the
applicant.

4. That in case the relief prayed in the application is not

granted in favour of the applicant, the applicant shall suffer
an irreparable loss and harm which will not be
compensated latter on by any mode.

5. That it will be in the interest of justice that the relief prayed

in this application be granted in favour of the applicant and
against the respondents.
An affidavit in support of the application is enclosed
herewith.
IN THE PREMISES: -

It is, therefore, most respectfully prayed that keeping in

view the submissions made hereinabove and those to be
urged at the time of hearing, the Hon’ble Court may very
kindly be pleased to allow the instant application and
direct the respondents to issue to Fard Intakhab Jamabandi
etc. i.e necessary revenue extracts for execution and registration of
sale deed in respect of the said property, in the interest of
justice.

The Hon’ble Court be further pleased to grant any other

interim or final relief as may be deemed appropriate in the
circumstances of the case.
Dated …10-2021

APPELLANT
THROUGH COUNSEL

(M. K SHARMA)
ADVOCATE
 IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF WRIT

PETITION.

I Madan Lal Age 62 years S/O Sardha Ram R/O Village Barnai
Tehsil & District Jammu, do hereby solemnly affirm and declare
that the accompanying writ petition has been read over and
explained to me and the contents of the para No.____ to ____ of
the writ petition are true and correct as per my knowledge and
those of remaining paras ____ to ____ are bases on legal advice.

I solemnly swear/affirm that the affidavit is true, no part of

this is false and nothing has been concealed.
Place: Jammu
Dated:

DEPONENT
 IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents

IN THE MATTER OF: -

AFFIDAVIT IN SUPPORT OF
APPLICATION SEEKING EXTENSION OF
TIME

I Madan Lal Age 62 years S/O Sardha Ram R/O Village Barnai
Tehsil & District Jammu, do hereby solemnly affirm and declare
that the accompanying application has been read over and
explained to me and the contents of the para No.____ to ____ of
the application are true and correct as per my knowledge and
those of remaining paras ____ to ____ are bases on legal advice.
I solemnly swear/affirm that the affidavit is true, no part of
this is false and nothing has been concealed.
Place: Jammu
Dated:

DEPONENT
IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AT
JAMMU.
WP(C) No….2021

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents
DATES AND EVENTS

S. Date(s) Events
No
.
1. 08-04- 2021 That petitioner is in possession of the proprietary land
falling under survey number 505 measuring 40 Marlas
situated at village Barni of Tehsil & District Jammu and
he intends to sell the same for realization of personal
needs to the intending purchasers for lawful
consideration and accordingly petitioner moved an
application to the respondent No. 3 on 08-04-2021 for
issuance of necessary revenue extracts i.e Frad Intkhab
Jamabandi and Khasra Girdawri entry in respect of the
land.

2 15-04-2021 That respondent No. 3 vide endorsement dated 08-04-

2021 directed the Tehsildar North Jammu respondent
No. 4 herein to issue Fard under rules. The respondent
No. 4 sought report from the revenue field staff by
forwarding the same in original to the patwari Halqa.
The patwari Halqa respondent No. 5 herein was under
an obligation to issue Frad after visiting the spot and he
was directed by the SDM Jammu north and Tehsildar
Jammu for issuance of the fard vide his endorsement
No. TJN/OQ/21-22/71 dated 15-04-2021 but
respondent No. 5 (Patwari Halqa Barnai Jammu)
despite receiving the said application in original in his
office has not issued the Fard Intakhab Jamabandi. And
matter is pending for the last 2 months without any
lawful justification. Hence the instant writ
petition.

DATED….-10-2021

PETITIONER
THROUGH COUNSEL

(M. K SHARMA)
ADVOCATE
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

WP(C) No….2021
This WP(S) is filed under Article 226 of The Constitution and pertains to
District Jammu.

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents

IN THE MATTER OF:-

INDEX
S.NO PARTICULARS PAGES

1. Urgency Memo.
2. Memo of parties
3. Date and events
4. WRIT PETITION

5. ANNEXURE-I
Copy of the order No. TJN/QO/20-21/207 dated 23-07-2020
6. ANNEXURE-II
Copy of the Adhar Card
7. ANNEXURE
Copy of the application dated 08-04-2021

8. Affidavit in support of writ petition.

9. IA for interim relief.

10. Affidavit in support of interim application.

11. Application seeking extension of time along with affidavit

11. Vakalatnama.

Dated. ….- 10-2021 FILED BY

(M. K SHARMA)
ADVOCATE
Lic. No. 209/2003 Email advmunish.@Msgmail.com Mobile No.
7889593929
 IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

WP(C) No….2021

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents

MEMO OF THE PARTIES

1. Madan Lal Age Age 62 S/O Sardha Ram

R/O Village Barnai Tehsil & District Jammu.
……… Petitioners.

Versus
1. Union Territory of Jammu and Kashmir,
through Commissioner/Secretary,
to Govt. Revenue Department,
Civil Secretariat Jammu.
2. Dy. Commissioner Jammu.
3. Sub. Divisional Magistrate Jammu North.
4. Tehsildar, Tehsil Jammu North.
5. Patwari Halqa Village Barnai Tehsil & District Jammu.
………..Respondents.

THE PETITIONER
THROUGH COUNSEL

(M. K SHARMA)
ADVOCATE
 IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

WP(C) No….2021

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents

IN THE MATTER OF:- Memo of urgency.

MAY IT PLEASE YOUR HONOUR,

The petitioner/ applicant above named respectfully submits as
under:-

1. That the petitioners have filed the above titled writ petition in this
Hon’ble Court which has sure chances of success on its merits. The
petitioner has also filed an application for grant of interim relief.

2. That the matter involved in the writ petition is of emergent

nature and in case the writ petition is not taken up for
consideration at an earliest, the very purpose of filing the petition
shall become in-fructuous and the petitioners shall suffer an
irreparable loss and injury.

In view of the submissions made hereinabove, it is, therefore,

prayed that the writ petition along with connected application, may
kindly be taken up for consideration today itself in the interest of the
justice.

PETITIONER
THROUGH COUNSEL

(M. K SHARMA)
ADVOCATE
 IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

WP(C) No….2021

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents

IN THE MATTER OF: Application seeking extension of time for

filing duly attested affidavit in support of
writ petition, affixing court fees and mata
data form etc and permitting the
applicants to file the writ petition.

MAY IT PLEASE YOUR HONOUR:

The applicants most respectfully submit as under;

1. That the applicant has filed above titled writ petition before this
Hon’ble court through email.

2. That due to pandemic/COVID 19, there are restriction/lockdown

throughout India and also in J&K UT, , thus, the Non Judicial Stamp
Papers for the purpose of filing affidavits, Judicial Stamps for the
purposed of court fees to be affixed on the bail application and
Meta Data Form, duly stamped Vakalatnama from Bar Association
Jammu are not available. All other formalities have been duly
complied with.

3. That applicant undertakes to submit all the formalities and will deposit
the court fee as and when the situation will get normal and same
will be available for the purpose with the concerned persons.

4. An affidavit in support is attached.

It is therefore, most respectfully prayed that your lordship

may be pleased to allow this application by granting extension of
time for filing duly attested affidavit with stamp papers, Court fees
and Meta data Form, till the Lock down period continues, allow the
applicant to file the writ petition for the time being without these
formalities, in the interest of justice.

Place :- Jammu
Dated :-…-10-2021
APPLICANT THROUGH

(M. K SHARMA)
ADVOCATE
 IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

WP(C) No….2021

Madan Lal V/S U.T through Revenue Department

..Petitioner ……………Respondents

In the matter of: Affidavit in support application seeking

extension of time.

I, Madan Lal Age 62 years S/O Sardha Ram R/O Village Barnai Tehsil
& District Jammu, do hereby state on oath/solemn affirmation that I
have read the application seeking extensions of time for Court fees etc
and that the contents of paras No.1 to 4 of the said application are true
to my personal knowledge and those of paras _Nil to _Nil are true
upon legal advice received by me which I believe to be true.
I undertakes to file all these formalities as and when the situation will
get normal.
I solemnly swear/affirm that this affidavit is true, no part of this is

false and nothing has been concealed.

Place:- Jammu
Dated :-…-10-2021

DEPONENT