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| 15 yrs on, police unable to identify | | 2 ½ kanal land, blame revenue agencies | |
Early Times report
Jammu, May 15: In an interesting case, SHO Police Station Gandhi Nagar was directed to deliver possession of land measuring 2 ½ Kanals situated at Village Channi Himmat attached in proceedings u/s 145 of CrPC, to Mulkh Raj petitioner vide order passed on April 3, 1995 by Judicial Magistrate. Possession of property was not delivered to petitioner despite finality attached to proceedings u/s 145 CrPC. He accordingly filed the application seeking initiation of contempt of Court proceedings against functionaries of police. Which had failed to deliver possession of property to him as per the magisterial orders? During pendency of proceedings in State High Court, SHO P/S Trikuta Nagar within whose jurisdiction, piece of land, possession whereof was required to be delivered, was required to ensure of compliance of order by Magistrate. The order of Criminal Court had not however been complied with. Justice JP Singh after hearing both sides observed that Deputy AG appearing for the P/S Trikuta Nagar Jammu submits that possession of property could not be delivered to petitioner because it could not be identified by Revenue Agencies, Upon this Justice JP Singh said that Court do not find any merit in the submissions of state counsel as the objections filed by him indicate and in question to have been appropriately identified. The functionaries of police stations are thus found remiss in discharging of their duty to deliver possession of land placed on their superdnama by Court to petitioner. In these circumstances SHO P/S Trikuta Nagar Jammu was directed to appear in person to show cause as to why proceedings in contempt be not initiated against him for delivering possession of property which had been placed on superdnama of then SHO, for petitioner complying with order passed by Judicial Magis
trate on April 3, 1995. --(JNF)
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