GHULAM AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Petitioner in the instant petition filed under Article 226 of the Constitution has prayed for the following reliefs:-

(2.) Facts emanating from the pleadings and the material on record reveal that certain complaints were lodged before the Divisional Commissioner, Kashmir with regard to illegal sale of migrant property being plot No. 57, situated at Housing Colony Baghi-Mehtab, Srinagar, whereupon the Divisional Commissioner, Kashmir appointed one Dr. Bashir Ahmad Lone (KAS), the then Vice Chairman of Srinagar Development Authority as an Inquiry Officer for holding a preliminary enquiry not only with regard to the sale of said plot of land but also about the execution of a power of attorney as also with regard to plot No. 170 situated at Government Housing Colony, Sanat Nagar, Srinagar, as well as the involvement of land mafia and the officials of the Jammu and Kashmir Housing Board (For short "the Board"), including the role of the petitioner therein.

(3.) In the said enquiry, the Inquiry Officer collected records from the Board as well as contacted the original plot holder/allottee of plot No.57, namely Shri A. K. Chakoo, whereafter, it got revealed that plot No. 57 had been allotted to said A. K. Chakoo, by the Board vide allotment order dtd. 16/2/1985 and that a purported irrevocable power of attorney, dtd. 10/3/2016, had been registered before the Sub-Registrar, Jammu in favour of one Abdul Latief Mir S/O Mohammad Abdullah Mir R/O Chewdara Tehsil Beerwah, Budgam, authorizing him to deal with the said plot No. 57 and the said power of attorney had been a fraudulent document as the allottee of the plot namely A. K. Chakoo, had denied to have executed the said power of attorney and had alleged that someone else had impersonated on his behalf while executing the said power of attorney and that the marginal witnesses named in the said power of attorney were not known to him.