SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has quashed orders issued by revenue authorities that denied a Resident of Backward Area (RBA) certificate to an applicant from Budgam district.
A single bench led by Justice Wasim Sadiq Nargal set aside the previous rejections, stating that the initial order passed by the Tehsildar of Beerwah was “non-speaking, inasmuch as no reasons have been assigned therein”. The court further noted that the Deputy Commissioner of Budgam, acting as the appellate authority, failed to address this deficiency when upholding the rejection without examining the order’s validity.
The case was initiated by Gazalla Jeelani, who sought a writ of certiorari to quash the rejection order passed by the Tehsildar and the subsequent appellate order from the Deputy Commissioner. The petitioner, through her counsel, Advocate Ishtiyaq Ahmad Mir, argued that her “temporary stay outside permanent residence for educational purposes does not disentitle” her from RBA certification.
During the proceedings, the court highlighted the procedural failure of the authorities. Government Advocate Ilyas Nazir Laway, also “fairly submitted that he has gone through the order impugned and acknowledged the fact that the same is a non-speaking order”.
Consequently, the court quashed the Tehsildar’s order (Ref No. JK-REV-SEB/2024/24718) as well as the Deputy Commissioner’s order dated December 18, 2025. In its directions, the court remanded the matter back to the Tehsildar of Beerwah for a fresh review.
The court mandated that the official must pass a “fresh speaking order” after “providing an opportunity of hearing to the petitioner and also affording him an opportunity to produce the relevant record”.
While disposing of the case, the court expressed its expectation that the Tehsildar shall pass these fresh orders “strictly in accordance with law, expeditiously, preferably within a period of six weeks”. (KDC)
