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HC orders stay on FIR against Tehsildar, others

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STATE TIMES NEWS
JAMMU: In a petition filed by Pawan Kumar Kohli then Tehsildar and others for quashing FIR No. 7/2016 dated 8th March 2016 registered by the Vigilance Organisation 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 Section 468, 471 and 120-B RPC, Justice Janak Raj Kotwal of J&K High Court Jammu Wing issued notices to SSP Vigilance and in the meanwhile ordered that subject to objections from other side investigation in the FIR shall remain stayed.
According to the case, a verification was conducted into the allegations leveled against revenue officials of Tehsil Bishnah and some private parties which revealed that Gagu, son of Fulla and his other family members were in cultivating possession of land measuring 16 Kanal and 15 Marlas in Khasra No. 217 at Mehmoodpur, Bishnah, Jammu as per Khasra Girdwari Register of village Mehmoodpur with effect from 1969 to 2001. “The land belonged to Custodian department and these people were also shown as local allottees in the revenue record. On 13th January 2001 the revenue officials cancelled the Sahat Kasht Girdwari of Gagu alias Gagi, son of Fulla and others and entered the name of Late Sheela Wanti, wife of Khayali Ram in their place illegally”, officials said adding that verification revealed the land in question is situated at a very prime place and has handsome market value and the Land mafia was aggressively pursuing the case of possession of the said land. The officials further divulged that one Satish Kumar, son of Lachman Dass, resident of Bishnah is also found having obtained the Power of Attorney of the aforesaid land and finally purchased the land in question from Late Sheela Wanti illegally for a sum of Rs 80,000 knowing the fact that land in question is Evacuee property and cannot be purchased.
Senior Advocate Sunil Sethi along with Advocate Summit Nayyar appeared for the petitioners. During the course of hearing, Senior Advocate Sunil Sethi submitted that the impugned FIR against the petitioners is illegal and bad in the eyes of law on the ground that the petitioners have not committed any offence as alleged. Whatever action was initiated and taken by the petitioners while serving as Tehsildar and Patwari at that point of time was strictly in consonance with the provisions of law and was based on the documents which were produced before them at that point of time. After 16 long years of the alleged occurrence, the petitioners cannot be held guilty of the action which they had taken in discharge of their official duties.

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