ASGAR ALI Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) In this petition filed under Section 561-A Cr.P.C read with Article 226 of the Constitution of India and Section 103 of the Jammu and Kashmir, the petitioner beseeches that FIR No.9 of the year 1986 registered by the Vigilance Organization, Jammu through its Senior Superintendent of Police and all the proceedings emanating therefrom be quashed.

(2.) The facts under the shade and cover of which the petitioner has sought the aforesaid relief are that one Abdul Majid S/o Abdul Aziz R/o Chak Mohd. Yar Tehsil R.S.Pura, Jammu filed an application under Section 8 of the Evacuees' (Administration of Property) Act, 2006, (for brevity known as "The Act") on 20.02.1981 before the then Tehsildar (Assistant Custodian), Jammu namely, Mohd. Aslam, seeking restoration of the land situate at village Deeli, Tehsil Jammu, comprising Survey Nos.285, 286/1, 287 and 372 measuring 47 Kanals 14 Marlas and under KhasraNo.283, 284, 286/2 and 373 measuring 47 Kanals 4 Marlas 561-ANo.15/2009, 174/2016 & C Rev No.13/2017 Page 2 of 6 belonging to one Allah Ditta S/o Noor Mohd and KaramIllahi S/o Fazal Din, on the ground that he is their sole heir. Since the application was filed after a period of 35 years approximately from the date, the evacuees had left the place, therefore, the Assistant Custodian made an endorsement on the said application to that effect. However, the then Custodian proceeded ahead in the said application and issued a notice inviting objections from the general public which was published in a newspaper and, thereafter, the Court recorded the statements of the witnesses produced by the applicant in support of his application seeking restoration of the land. The said application came to be dismissed for non-prosecution and was consigned to records. Subsequently, the same was restored to its original number by the then Custodian namely Meharban Singh posted as Tehsildar, Agrarian Reforms, Jammu, at that moment. In the year 1983, the petitioner came to be posted as Tehsildar (Assistant Custodian) Jammu, and the said application was ripe for final determination at that juncture. The petitioner decided the said application vide order dated 25.11.1983 which directed that the land be restored in favour of the applicant namely, Abdul Majid, inasmuch as no one else had opposed the said application or laid any claim over the said property.

(3.) Aggrieved by the registration of FIR bearing No. 9/1986 and the investigation carried in the said FIR, the petitioner has assailed the same inter alia on the grounds that under Section 29 of the Act while holding any inquiry, the Custodian shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1977 (Act X of 1977), when trying a suit in respect of the following matters, namely :-