Sale of property cannot be denied over a criminal case, HC of J&K rules out

Srinagar:The High Court of J&K and Ladakh has held that the mere pendency of a criminal case against an individual cannot be grounds to deny them the right to sell their immovable property. 

The Court observed emphatically that “even a criminal has a right to sell his land.”

The ruling came from Justice Sanjay Dhar, who was hearing a plea filed by Arun Dev Singh, a resident of Village Kanhal, Tehsil Bishnah, District Jammu. 

Singh had approached the court after revenue authorities refused to issue the Fard Intikhab (revenue extracts) necessary for the sale of his land.

Background of the Case

The petitioner faced obstacles from the local revenue department when the Tehsildar, Bishnah refused to issue the revenue extracts unless a No Objection Certificate (NOC) was obtained from the Crime Branch, Jammu. 

This condition was imposed on the grounds that an FIR for various offences under the Indian Penal Code was under investigation against the petitioner.

Court’s Observations

Justice Dhar strongly questioned the legality of such a requirement, especially when the FIR had no connection whatsoever with the land in question. 

He stated: “It is beyond comprehension as to why the concerned Tehsildar is seeking an NOC from the Crime Branch, Jammu before issuing the Fard Intikhab in respect of the land in question.”

The Court further clarified that the registration of a criminal case does not strip an individual of their legal rights to own or transfer property.

“Even a criminal has a right to sell his land, and merely because a case has been registered against the petitioner, the revenue extracts for sale of land cannot be withheld. The action of the respondent is, therefore, not sustainable in law,” the court observed.

Court’s Direction

Allowing the petition, the Court directed Tehsildar Bishnah to consider and decide the petitioner’s application for Fard Intikhab in accordance with the law and in light of the court’s observations, within seven days of receiving a certified copy of the order.

Legal Significance

The order puts emphasis on the principle of law that property rights are fundamental and cannot be curtailed due to criminal proceedings against any individual unless there is direct established link between the property and the offence.