Illegal transfer of huge land by Revenue, Custodian officials
Excelsior Correspondent
Srinagar, Nov 19: High Court has dismissed the plea seeking quashing of FIR for the commission of offence of transferring the big chunk of Evacuee land by the officials of Revenue and Custodian departments in favour of various beneficiaries.
The evacuee land measuring 201 kanals stated to have been illegally transferred in the name of different individuals after resorting to falsification of revenue records.
One of the accused Sheikh Muneer Akhter questioned the FIR registered by the Police Station Crime Branch Kashmir for offences punishable u/s 420, 467,468, 471 and 120-B RPC read with section 5 (2) of P.C. Act 2006, on the various grounds.
Justice V C Koul after analysing the whole case said that the Section 482 Cr.P.C. for quashing the FIR preserves the inherent powers of the High Court to prevent an abuse of process of any court or to secure the ends of justice.
Justice Koul, however, reiterated that such power to the High Court has a wide ambit and plenitude and has to be exercised to secure ends of justice or to prevent an abuse of the process of any court.
Court said the petition on hand, when looked from all angles, requires and demands meticulous analyzation of facts by this Court as if it is in appeal and acting as an appellate court and to draw its own conclusion vis-à-vis impugned FIR, complaint and proceedings emanating therefrom.
“This is not the aim and objective of provisions of Section 482 Cr.P.C. more particularly when petition on hand does not make out any case that inherent powers are to be exercised to prevent abuse of process of law and to secure ends of justice. In that view of matter, petition on hand is liable to be dismissed. For all that been discussed above, the instant petition is without any merit and is, accordingly”, Court concluded.
After perusal of the reply having been filed by respondents-CB, it came to fore that Faquir Ullah son of Assadulah and others were having ownership rights over 201 kanals 04 marlas of land in Estate Batmaloo which is declared as Evacuee Property by the Custodian Department.
Since the case has been registered u/s 5(2) P.C. Act and the I.O. obtained permission under Section 3 of J&K P.C. Act from the court of JMIC (Judge Small Causes) Srinagar vide order dated 20-09-2016 to carry out the investigation of case.
Apart from said investigation, it also surfaced during investigation that in the year 2004, Government of J&K appointed the then Settlement Commissioner, Srinagar as enquiry officer to conduct enquiry vis-à-vis land measuring 201 Kanals 4 marlas belonging to Faqir-ullah and others. The enquiry officer, after conducting detailed enquiry vide No SC/PS/05/2004 dated 28-07-2004, submitted enquiry report to Commissioner/ Secretary to Govt. Revenue Department J&K Govt. Srinagar which reveals that the land in terms of section 4 & 8 of the Agrarian Reforms Act was under the possession of tenants of Faqir-ullah and others.
However, major portion of land was transferred by various instruments, like sale deed, gift deeds etc. The enquiry officer has recommended action against revenue officers/officials who had attested mutations. It has been found during investigation that land has been occupied by various individuals almost 70 years before and in this way title of said land has been changed from one person to another person during these 70 years and process is going on till date.
The accused Mohammad Ishaq Pampori Rtd. Girdwar of Lal Bazar Umer Colony Srinagar has initiated mutations prior to issuance of notification of Custodian department Srinagar. The accused as patwari Halqa Batamloo Srinagar have initiated almost 27 mutations from the year 1996 to 2002.
However, after issuance of notification by Custodian Department, abused his official position and has initiated mutation No 7691 dated 21.11.2002 in favour of accused beneficiary Mst. Sara of Tangpora Batamalo Srinagar.
Sheikh Muneer Akther, Rtd. Tehsildar of Khayam Colony Nowpora Srinagar as Tehsildar south Srinagar has attested almost mutations 34 mutations from the year 1957 2002 after issuance of notification by Custodian Department and abused his official position and has attested mutation No 7691 dated 21.11.2002 in favour of accused beneficiary Mst. Sara of Tangpora Batamaioo Srinagar. The accused hatched criminal conspiracy with the accused No. 01 and 03 and in furtherance of criminal conspiracy and thus has attested the false mutation No. 7691 dated 21.11.2002 In spite of the knowledge that the land was notified as evacuee property.
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