SONAM DORJEY Vs. UT OF J&K

JUDGEMENT

(1.) It is contended that the applicant No. 1 is serving as Sub Divisional Magistrate Zanskar and the applicant No.2 has superannuated as Sub Divisional Magistrate in November 2020. It is further contended that the applicant No. 2 served as Tehsildar in Tehsil Saspol of District Leh during the year 2009 to 2010 and in 2014 and the applicant No.1 served as Tehsildar in Tehsil Saspol of District Leh during the year 2007 to 2008, 2011 and 2013, and during the said period of their posting in the said area, a number of mutations were attested on spot in exercise of the powers vested in them under law with regard to succession, sale deeds and Nautors under Elaan No, 38 under the Land Revenue Act regarding the occupation and utilization of state land for agriculture purposes as per the situation existing on spot at that time after observing all the legal formalities including visiting the spot and recording the statements of the villagers with regard to the claims made by the parties and the signatures were obtained on the mutation registers as per law and verifying the objections if any raised with regard to the claims of the occupants of the land. During the period of their posting as Tehsildar, a number of persons requested and pressurized the petitioners to make revenue entries in the shape of mutations with regard to different chunks of land under the Nautors under Elaan No, 38 under the Land Revenue Act, however on visiting the spot, when their claim was not found genuine, no mutations were attested being in violation of the law despite the highest political pressures.

(2.) It is also contended that one Sonam Angchok who wanted to occupy some state land and get it mutated in his favour illegally on the strength of the mutations made in favour of the genuine persons, filed an RTI application in the year 2017 before the then Tehsildar Khalsi seeking information with regard to the mutations attested after the year 2009 in village Saspol, and the information was furnished to him and on the basis of the said information, the said person filed representation before the CEC Ladakh Autonomous Hill Development Council Leh alleging embezzlement of thousands kanals of land in and around his village and the said motivated representation, led to the initiation of an enquiry with regard to the mutations attested in the said village. It is also contended that Private Secretary to CEC/Chairman Ladakh Autonomous Hill Development Council vide his letter No. LAHDC/CEC/23/18/ 217-223 dtd. 5/5/2018 wrote to Deputy Commissioner Leh mentioning therein about the representation and RTI reply as submitted by the said person regarding the alleged illegal mutations, and ordered him to constitute high-level enquiry in the matter for action under law. Although no enquiry could have been started into the lawful mutations attested on spot after conducting a detailed enquiry as provided under law, on the basis of a complaint filed by an interested person who used every forum to take revenge of not allowing him to occupy the state land illegally. It is submitted that without checking and scrutinizing the official record minutely and enquiry was ordered which was given wide publicity by the said interested persons for the social and political gains and the applicants were condemned in this nefarious trial. It is also contended that in the meanwhile the persons who were conferred the rights of Nautors lawfully, under Elaan No, 38 under the Land Revenue Act, were issued the notice by the concerned Tehsildar and the said aggrieved persons filed a revision petition against the order dtd. 5/5/2018 whereby the CEC has directed the Deputy Commissioner to initiate enquiry into the issue of attestation of mutations in favour of different persons before the Joint Financial Commissioner who vide order dated 21.10.20219 set aside the said order dtd. 5/5/2018, with an observation that in case Tehsildar concerned or any other revenue official initiate any proceeding whatsoever, with respect to the land involved in dispute, applicants therein shall be provided full opportunity of hearing. The Tehsildar Saspol directed the persons in whose names, the mutations were attested, to appear in his office on 4/11/2019 and thereafter cancelled the said mutations and the said persons filed a writ petition in this Court, however, the Tehsildar concerned proceeded with the matter.

(3.) It is contended that a complaint on the basis of the report submitted by the Tehsildar was forwarded to the police for action under law against the applicants and others and FIR No. 18 of 2021 U/S 420, 467,468,471,474 IPC and 7, 13 PC Act of Police Station, Leh came to be registered. Apprehending arrest in FIR No. 18/2021, Police Station, Leh for the offences punishable under Ss. 420,467,468,471,474 IPC read with Ss. 7,13 of Prevention of Corruption Act, and on being summoned by the Additional District Magistrate, Leh upon instructions from SSP, Leh for questioning in the above mentioned FIR vide communication JC-97 (Misc) 2021 (903) dtd. 27/3/2021, the applicants approached this Court with the present application. The applicants challenged the said FIR No. 18/2021 of Police Station, Leh U/S 420, 467,468,471,474 IPC and 7, 13 PC Act in this Hon'ble High Court in CRM(M) No.177/2021 and also filed the aforementioned bail application before this Court wherein on the first date of hearing the applicants were protected from being arrested.