Kote Bhalwal land issue: Forgery, criminal trespass committed

HC’s Registrar Vigilance starts probe into the forgery in registration of deeds; DB stays order of Single Bench

12/06/2018



JAMMU, Jun 11: In a serious case involving hundreds of kanals of land situated at Village Kote in Tehsil Bhalwal, there has been an FIR registered, a forgery complaint and an inquiry by the Registrar Vigilance of the J&K High Court in the alleged forgery in registration of Deeds.
Further the accused had allegedly filed a writ petition by concealment of the fact of these disputes and a Civil Suit and obtained any order by the Single Bench of the High Court of J&K Jammu, which has been stayed by the Division Bench of the State High Court comprising of Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta.
As the facts unveil, an FIR 25 dated 13.3.2018 was registered at Police Station Amb Garota Jammu under sections 447, 427, 504, 506 and 147 RPC against accused Balbir Singh, Sanjay Manhas, Krishan Manhas, Shakuntla Devi, Bimla Kumari Sharma, Mohd Sardar, Mohd Farooq and Mohd Iqbal all of Amb Garota Jammu.
The FIR was lodged by on Rohit Gupta Son of Dharam Vir Gupta R/o Nowshera Distt Rajouri wherein it was alleged that the accused had formed unlawful assembly and committed criminal trespass of the lands belonging to them at Villate Kote in Khasra no. 2471 and even complained of causing damage to the land.
While the litigation between both the parties had started with allegations and counter allegations.
The party of Sanjay Singh Manhas son of Balbir Singh Manhas being power of attorney holder of Shakunta Devi, Shanker Singh, Sukhdev Singh, Mela Ram, Arif Hussain and Bimla Devi filed a writ petition in the State High Court bearing no. OWP 5752018 wherein the Single Bench of the High Court observed that the counsel for the petitioners had submitted that they are owners of land measuring 280 kanals forming part of Khasra no. 2471 min situate in Village Kote, Tehsil Bhalwal District Jammu but respondents are trying to interfere with the possession of the land without any authority of law.
The Single Bench on 23.3.2018 on this basis disposed of the writ petition with a direction to respondents not to interfere with possession of the petitioners over land in question except in accordance with law.
It was also learnt that in compliance to this order the ACR Jammu directed the Tehsildar Bhalwal vide his letter dated 27.3.2018 to demarcate the whole land under Khasra no. 2471 at Kote and locate the area measuring 280 kanals in this Khasra number 2471 and directed that there shall be no activity/interference over the said land till the demarcation of the land under question is completed.
It was learnt by JOURNEY LINE that against the order of the Single Bench of the High Court one Harshvardhan Singh Jamwal, S/o Rajinder Singh, R/o Purkhoo Tehsil Jammu North District filed an LPA whereby was brought into the notice of the Division Bench of Mr. Justice Dhiraj Singh Thakur and Mr. Justice Sanjay Kumar Gupta - Judge that the Letters Patent Appeal is against the judgment passed by the Single Bench in OWP No.575/2018 titled "Shakuntla Devi and others v/s. State and others" dated 28.03.2018 whereby the Court disposed of the writ petition with the direction to the Performa respondents not to interfere with the possession of the petitioner over the land owned by the appellant falling under Khasra no.2471 situated at village kote Tehsil Bhalwal without disclosing the fact that the civil suit is pending before the court of Sub Judge, Jammu filed by the appellant challenging the sale deeds allegedly executed in favour of the respondents on the basis of record tampered with respect to which the enquiry is pending with the Registrar Vigilance, of J&K High Court.
The Division Bench after hearing Mr. G.S. Thakur, Adv. issued notice in the main appeal as well as MP, returnable within four weeks. It was directed to list the appeal again on 11.7.2018.
The Division Bench directed that in the meantime, subject to objections and till next date of hearing, the operation of the Judgment and order impugned stayed.
Now despite there being a Stay order passed by the Division Bench in the matter and serious allegations of tampering and forgery of Sale Deeds and also FIR of trespass, still the party which had taken law for a ride is continuing with the construction work unabated just under the nose of the Police and revenue authorities who are hand in glove with these accused as despite orders of the ACR Jammu and Stay of DB of High Court still the Police and Revenue have failed to get their orders as well as court orders implemented.

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