The requirement for prior government permission to alienate agricultural land under Government Order No. S-432 of 1966 is otiose; settled judicial positions that have remained unchallenged for years must be upheld to maintain legal certainty and judicial discipline.

JUDGMENT

PER OSWAL-J

1. This intra-court appeal is directed against the judgment dated 05.08.2024 rendered by the learned writ Court in WP(C) No. 1439/2024, titled “Ravinder Kanta and Others v. UT of J&K and Others”, whereby the writ petition filed by the respondents came to be allowed, and the appellant No. 2 was directed to issue Fard Intekhab qua the subject land in favour of the respondents, subject to there being no other legal impediment and the appellant No. 3 was directed to admit and register the document upon its presentation, strictly in accordance with law.

2. The brief facts necessary for disposal of the present appeal are that the respondent Nos. 1-4, claiming to be owners in possession of the land measuring 09 Kanals falling under Khasra No. 153, situated at Village Bara, Tehsil Vijaypur, District Samba, applied online for issuance of Fard Intikhab before appellant No. 2, i.e., Tehsildar Vijaypur, qua the said land for the purpose of sale. The said application, however, came to be rejected by the Tehsildar on the ground that the same was in violation of Government Order No. S-432 of 1966 dated 03.06.1966. Aggrieved thereof, the respondents preferred a writ petition, which came to be allowed by the learned writ Court vide judgment dated 05.08.2024, by placing reliance upon the judgments rendered by the learned Single Judge in Mohammad Akbar Shah v. State of J&K and Others, AIR 2017 J&K 14, and Angrez Singh v. UT of J&K and Others, AIR Online 2023 J&K 553.

3. Appellants, being aggrieved of the impugned judgment (supra), have preferred this intra-court appeal, inter alia, on the ground that Government Order No. S-432 of 1966 dated 03.06.1966 categorically stipulates that the grantee shall utilize the land solely for agricultural purposes and shall not be entitled to alienate the same without prior permission of the Government. It is contended that, inasmuch as the respondents never applied to the Government for grant of such permission qua the subject land, their application was rightly rejected by appellant No. 2.

4. Pursuant to a specific query made by this Court as to whether the judgment rendered by the learned writ Court in Mohammad Akbar Shah v. State of J&K and Others, AIR 2017 J&K 14, had been assailed by the Government, Mrs. Monika Kohli, learned Senior AAG, fairly conceded that the said judgment was never challenged.

5. Learned counsel for the respondents submits that the present appeal has been rendered infructuous with the passage of time. It is contended that the Fard Intikhab has already been issued, and the subsequent sale deeds have been duly executed and registered, leaving no surviving cause of action.

6. The contention of the appellants is that the land in respect whereof proprietary rights have been conferred under Government Order No. S-432 of 1966 dated 03.06.1966 cannot be alienated without prior permission of the Government, and that the grantee is under a continuing obligation to use the said land exclusively for agricultural purposes.

7. In Mohammad Akbar Shah v. State of J&K and Others, AIR 2017 J&K 14, it has been observed in paragraph 13 of the judgment as under :-

“13. In earlier times, agriculture activity was the backbone of economy of the State. The land, which was given for agriculture purposes to a State subject, was to ameliorate the sufferings of such person/his family. Now the times have changed. The agriculture activity is no more the main economic activity of