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| Court frames charges against NT, Patwari | | | Early Times Report
JAMMU, Jan 25: Additional Sessions Judge, Anti-Corruption Rajouri Mehmood Chowdhary has framed charges against the accused persons namely Ghulam Hussain S/o Wali Mohd R/o Vill. Rachwan Teh. & Distt. Rajouri, the then Naib Tehsildar Qila Darhal Distt. Rajouri, Mohd Farooq, then Patwari Halqua Qila Darhal and beneficiaries, Sakhi Mohd S/o Sh. Fateh Mohd R/o Village and Tehsil Qila Darhal District Rajouri (Private beneficiary) , Mushtaq Hussain S/o Sakhi Mohd R/o Village and Tehsil Qila Darshal District Rajouri (Private beneficiary), Dalip Singh S/O Sansar Singh R/O Village Rajpur Kamila (Beneficiary), Chatter Singh S/O Sansar Singh R/O Village Rajpur Kamila (Beneficiary), Harbans Singh S/O Sansar Singh R/O Village Rajpur Kamila (Beneficiary)
The allegation against the Ghulam Hussain (the then Naib Tehsildar) and Mohd Farooq (the then Patwari halqua Qila Darhal) 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 10.06.2016 under Govt. order No. LB/6C of 1958 and mutation No. 15 dated 05.07.2016 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 S/O Fateh Mohd and Mushtaq Hussain S/O Sakhi Mohd while as mutation No. 32 dated 10.09.2016 under Govt. order No. LB/6C of 1958 and mutation No. 33 dated 10.09.2016 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 Ss/O Sansar Singh and residents of village Qila Darhal for land measuring 41 kanal 14 marla. As such, they by abuse of their official position and in criminal conspiracy with Mohd Farooq, then Patwari Halqua 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 said 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, court observed that the existence of prima-facie evidence providing grounds for presuming that 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 charge.
—JNF |
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