JAN MOHD AND MOHD ISMAIL BHAT Vs. STATE

JUDGEMENT

(1.) SEVERAL officials including the petitioners have allegedly misused and abused their official positions resulting in attestation of a mutation, having the effect of divesting the actual owners of their proprietary and possessory rights. Upon such information FIR 51 was registered on 28/10/1987 by the respondents and Naib Tehsildar and two partwaris (Petitioners) have been booked for the offence under section 5(2) P. C. Act 2006.

(2.) THREE writ petitions bearing Nos. OWP 200/94. OWP 431/94 and OWP 1255/94 came to be filed on different dates challenging the aforementioned FIR. Writ petition No. OWP 200/94 was considered on 27/02/1994. Respondents were put on notice and the proceedings in respect of FIR 51 were stayed. OWP 431/94 came to be considered on 04/ 03/1994, interim direction was granted and both the petitions were directed to be clubbed. Third writ petition No. OWP 1255/94 was considered on 03/06/1994 and the interim direction was reiterated.

(3.) OWP 431/94 was listed before the court on 03/04/1998, arguments were heard and was dismissed. OWP 200/94 was not listed notwithstanding the directions of the court, that is how OWP 200/94 is surviving and in this backdrop the said petition is clubbed with petition No. 1255/94.