S. No.

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.430/2021 c/w WP(C) No.64/2021 and WP(C) No.125/2021 Reserved on:04.12.2025.

Pronounced on:11.12.2025 Uploaded on:11.12.2025 Whether the operative part or Full judgment is pronounced: (FULL)

WP(C) No.430/2021

1. Rifat Parveen Gillani (aged 61 years)

W/o Viqar ul Mulk Nazki R/o Shivpora, Srinagar.

2. Syed Masrat Andarbi (aged 51 years)

W/o Syed Naseer Hyder Gillani R/o Sheikhpora Budgam, Kashmir.

3. Arooj Hyder Gillani (aged 21 years)

D/o Naseer Hyder Gillani R/o Sheikhpora, Budgam, Kashmir.

Through: Ms. Muzamil Jabeen, Advocate.

Vs.

1. Union Territory of J&K through Commissioner Secretary to Govt.

Revenue Department, Civil Secretariat Srinagar/Jammu.

2. Inspector General of Registration, Union Territory of J&K, Srinagar.

3. Deputy Commissioner Srinagar.

4. Sub Registrar (A.C Nazool) Srinagar. Through: Mr. Faheem Nissar Shah, GA.

WP(C) No.64/2021

1. Fatima, age 65 years.

W/o Mohammad Yousuf Mugloo, R/o General Bagh, Gorpira. Rainawari, Sriangar.

2. Salima Age 47 years D/o Ghulam Hassan R/o Gulshan Ali Shalimar Srinagar.

3. Ali Mohammad Malla, age 64 S/o Abdul Samad Malla.

R/o Friends Colony Shalimar

4. Gulshan Akhter, 24 years W/o Naseer Ahmed Ganie R/o Chek Dara Srinagar.

5. Nusrat Rafiq, age 25 years D/o Mohammad Rafiq Ganie R/o Chek Dara Srinagar.

6. Shubnam Age 40 years W/o Noor ud Din Bhat R/o Habba Kadal Sriangar.

Through: Ms. Muzamil Jabeen, Advocate.

Vs.

1. Union Territory of J&K through Secretary to Government Revenue Department Civil Secretariat Srinagar.

2. Inspector General of Registration, UT of J&K Srinagar.

3. Deputy Commissioner Srinagar, UT of J&K Srinagar.

4. Sub Registrar (Under Registration Act) Srinagar.

5. Sub Registrar (East) Under Registration Act) Srinagar.

Through: Faheem Nissar Shah, GA.

WP(C) No.125/2021 Shabnam Nazir, Aged 40 years W/o Nazir Ahmad Khan R/o Sheikh Hamza Colony Eidgah, Srinagar.

Through: Ms. Muzamil Jabeen, Advocate.

Vs.

1. Government of J&K through Commissioner/Secretary to Govt.

Revenue Department, Civil Sectt. Srinagar/Jammu.

2. Financial Commissioner (Rev) Govt. of J&K, Srinagar/Jammu. 3. District Collector, Chairman District Valuation Board, Srinagar.

4. Inspector General of Registration, J&K Jammu7/Srinagar.

5. District Registrar, Srinagar.

6. Sub Registrar, East/West/North/South, Srinagar.

Through: Mr. Faheem Nissar Shah, GA.

CORAM:

HON’BLE MR JUSTICE RAJESH SEKHRI, JUDGE

JUDGEMENT

1. The petitioners, being similarly circumstanced with common grievances and common grounds to urge and entitled to identical reliefs on identical facts, have invoked writ jurisdiction of this court. Since a common question of law is involved, in aforecaptioned batch of petitions, they are being disposed of by virtue of this common judgement.

2. Before a closer look at the grounds urged in the petitions, it shall be expedient to have an overview of some uncontroverted facts.

3. As the factual matrix would unfurl, the petitioners purchased respective landed properties, after procuring the revenue extracts from concerned revenue officials, purchased stamp papers, executed respective sale deeds and submitted the documents before Sub Registrar, Srinagar on NDGRS Portal in December 2020 or before for registration. However, respondent No.4-Sub Registrar, Srinagar refused to register the sale deeds, in view of Circular dated 30.12.2020, issued by respondent No.2-Inspector General of Registration, providing for payment of stamp duty at enhanced rate w.e.f. 01.01.2021. This circular has been called into question by the petitioners on various grounds urged in the memo of petitions.

4. It is contention of the petitioners that since sale deeds were executed and presented for registration, within the statutory period of four months, before the issuance of impugned circular, and it was the registering authority-respondent No. 4, who had fixed the slot, subject to his availability, for registration of the documents, refusal on his part to register the documents on the ground of non-payme