Jammu, March 29: Coming to the rescue of SSP Crime Mubassir Latifi Justice Bansi Lal Bhat of J&K High Court Tuesday stayed registration of FIR registered by the Vigilance Organisation in an alleged case of manipulation of land records.
While staying the FIR, Justice Bansi Lal Bhat after hearing Sr. Adv Sunil Sethi with Advocates Veenu Gupta, Shivan Mahajan, observed that petitioner, a highly decorated police officer claiming to have probed a number of sensational cases, is aggrieved of being falsely implicated in case registered under FIR No.8/2016 dated 9th March, 2016 under Section 5 (1) (d) read with Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act Samvat 2006 and 120-B RPC.
Court further observed that It is contended that in terms of order of District Collector dated 26th March, 2008, petitioner has deposited an amount of Rs.4,42,500/- for land measuring 1 kanal 9½ marlas falling under Khasra No.119, 120 at village Sidhra, Tehsil Jammu as per rate fixed under Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001. Reliance is also placed on the verification No.38 of 2014 dated 29.01.2016 which clearly states that the petitioner has not been found to have encroached upon the State Land and that he has been vested with ownership rights under the provisions of Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001.
During the course of arguments Sr. Advocate Sunil Sethi submitted that during the course of arguments Sr. Advocate Sunil Sethi submitted that the petitioner purchased land measuring 1 kanal 18 marlas at Sidhra, Jammu and was in possession of the petitioner since 2003. In addition thereto, the petitioner is also owner in possession of land measuring 8 Marlas comprising in khasra no.122 and after coming into force of J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001, the petitioner being fully eligible, applied for grant of ownership rights in his favour with respect to the State land. The case of the petitioner was duly considered and the benefit was given to him under the aforesaid Legislation as a result of which land measuring 1 kanal and 9½ Marla in possession of the petitioner was regularized in favour of the petitioner on payment of amount at the market rate as determined under the aforesaid Enactment after giving rebates as permissible under the said Act. The petitioner paid an amount of Rs. 4,42,500/- to the State Government on 16.02.2008. The amount was taken on loan from J&K Bank under Roshni Finance Scheme. As a result of payment of the amount, ownership rights were confirmed by a District Level Committee and conferred by the order of District Collector, Jammu.
Sr. Advocate Sunil Sethi further submitted that during his present posting petitioner has investigated number of sensitive matters involving high ranking government officers/ officials and one of the officers became hostile against the petitioner and manipulated the revenue records to falsely implicate the petitioner in the case of encroachment of land.
Justice Bansi Lal Bhat after going through the file, issued notice to Vigilance Organization returnable within four weeks and in the meanwhile ordered that subject to objections from other side and till next date before the Bench, impugned FIR No.08 of 2016 dated 09.03.2016 registered by Police Station, Vigilance Organization, Jammu shall remain stayed.
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