STATE TIMES NEWS
JAMMU: Additional Sessions Judge, Anti-Corruption Rajouri Mehmood Chowdhary on Thursday framed charges against a Naib Tehsildar (NT), a Patwari and others for illegally attesting mutations by abuse of their official position.
Charges have been framed against Ghulam Hussain, son of Wali Mohd, resident of Village Rachwan Tesil and District Rajouri, the then Naib Tehsildar Qila Darhal District Rajouri, Mohd Farooq, the then Patwari Halqua Qila Darhal and beneficiaries, Sakhi Mohd, son of Fateh Mohd, resident of Village and Tehsil Qila Darhal District Rajouri (private beneficiary), Mushtaq Hussain, son of Sakhi Mohd, resident of Village and Tehsil Qila Darshal District Rajouri (private beneficiary), Dalip Singh, son of Sansar Singh, resident of Village Rajpur Kamila (Beneficiary), Chatter Singh, son of Sansar Singh, resident of Village Rajpur Kamila (beneficiary), Harbans Singh, son of Sansar Singh, resident of Village Rajpur Kamila (beneficiary).
The allegation against Ghulam Hussain (the then Naib Tehsildar) and Mohd Farooq (the then Patwari Halqa Qila Darhal) is that they have attested the following mutation in favour of above named beneficiaries during their posting as Naib Tehsildar Laroka/Qila Darhal i.e mutation No. 14 dated June 10, 2016 under Govt. order No. LB/6C of 1958 and mutation No. 15 dated July 5, 2016 under Govt. order No. S-432 of 1966 covering Khasra No. 366 (old)/607, 609, 610, 614, 616, 622 and 623 (New) for land measuring 37 kanal 18 marla situated in Village Rajpur Kamila in favour of Sakhi Mohd and Mushtaq Hussain while as mutation No. 32 dated September 10, 2016 under Govt. order No. LB/6C of 1958 and mutation No. 33 dated September 10, 2016 under Govt. order No. S-432 of 1966 covering Khasra No. 365 (old)/645, 646, 647, 648 and 649 (New) attested in favour of Dalip Singh, Baldev Singh, Chatter Singh and Harbans Singh all sons of Sansar Singh and residents of village Qila Darhal for land measuring 41 kanal 14 marla.
As such, by abuse of their official position and in criminal conspiracy with Mohd Farooq, then Patwari Halqa of Qila Darhal and all the above mentioned private beneficiaries have illegally attested the said mutations for their pecuniary gains and in blatant violations of the provisions of the Govt. order vide Nos. LB/6C of 1958 and S-432 of 1966.
Besides, that aforesaid Naib Tehsildar was not competent to attest any mutations as he was not posted as Incharge Tehsildar Qila Darhal.
It has been found that the beneficiaries have no recorded entry in cultivating possession prior to Rabi 1986 in Khasra No. 365 and Kharief 1982 in Khasra No. 366. Moreover, perusal of the record shows that both the Khasra Nos. have been recorded as Gair Mumkin Jungle (un-demarcated Forest) whereas as per the provisions of order No. LB/6C, it shall not apply to the land which is Forest land and further record does not reveal the cultivating possession of the beneficiaries since 1957 which is a pre-requisite condition for conferment of propriety rights under order No. S-432, thereby they have caused wrongful loss to the government exchequer, as such, they have committed an offence of conspiracy to commit an offence as defined under section 5(1)(d) r/w Section 5(2) of PC Act and Section 120-B RPC.
After hearing both the sides, the court observed that the existence of prima-facie evidence providing grounds for presuming that the accused persons have committed the offence, as alleged and the material available on record prima-facie established involvement of the accused persons in the commission of offence. Accordingly, the court framed the charges.