HC quashes FIR against Tehsildar

02/07/2019

JAMMU, JULY 1: In a petition filed by Pawan Kohli then Tehsildar Bishnah and Waryam Singh, then Patwari, Bishnah seeking quashment of of FIR No.7/2016 dated 08.03.2016 registered at Police Station, Vigilance Organization, Jammu against the petitioners for commission of offence punishable under Section 5(1)(d) read with Section 5(2) of the J&K Prevention of Corruption Act and Sections 468, 471 and 120-B RPC.
Justice Sanjay Kumar Gupta of J&K High Jammu Wing after hearing Sr. Adv Sunil Sethi with Adv Summit Nayyar for the petitioners whereas Deputy AG Raman Sharma for the State, quashed the the FIR.
While quashing the FIR, Justice Sanjay Kumar Gupta observed that as per High Court order dated 14.05.2009, Custodian was only required to see whether allotment order dated 24.01.2001 made in favour of Sheelawanti was valid or not; only thereafter Joint Agrarian Reforms Commissioner was to decide the validity of mutation no.288 dated 20.04.2001; but Custodian instead has set aside the mutation no.288 dated 20.04.2001 attested under section 3-A of Agrarian Reforms Act.
The order of Custodian would clearly reveal as if custodian was deciding the correctness of mutation as Joint Agrarian Reforms Commissioner. Therefo re Custodian exercised the jurisdiction which was not vested to him. Custodian was only to decide the validity of allotment order dated 24.01.2001.
So allegations against the petitioners that they in conspiracy with Sheelawanti (Displaced person from Alif) and one land property dealer Satish Kumar, got land measuring 16 kanal 15 marala under Kh.no.217 situated at Mehmoodpur entered in the name of Sheelawanti through mutation Sehat Kasht no.284 dated 13.01.2001, cannot sustain at this stage.
Because all these controversies are pending before competent author ities. Further the basic order of Custodian on the basis of which FIR was registered has already been set-aside by J&K Special Tribunal. JNF

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