A verification was conducted by ACB on the basis of a complaint that Manohar Lal, then Patwari Bishnah has committed forgery and prepared fictitious Form No. 5 for resumption of land from his father, under Agrarian Reforms Act, 1976 in favour of ex-landlord, Chaman Lal S/O Munshi Ram R/O Bishnah.
In A statement ACB Said,The complainant has further alleged that the forged form was presented in the Tehsil Office after 08 years and entry was made in the register due to which litigation has cropped between him and ex-landlord.
Verification conducted revealed that land bearing khasra No. 7 (2Kanal & 4Marla), 14 (2Kanal & 5Marla), 116 (1Kanal 13 Marla) and 199 (5Kanal & 3 Marla) total measuring 11Kanal 05Marla was vested upon Dhanna S/O Khazana u/s 8 of J&K Agrarian Reforms Act, 1976 vide mutation No. 804 dated 27.02.1991. Later, the Ex-landlord Chaman Lal S/O Munshi Ram R/O Bishnah Town applied for resumption of land u/s 7 of the Agrarian Reforms Act and filed an appeal before the then ADC Jammu vide order dated 12.06.1999, then ADC Jammu cancelled the Mutation No. 804 and the case was remanded to Tehsildar Bishnah for enquiry. Verification further revealed that in reference to Form No. 5 under the provisions of section 7 of the Agrarian Reforms Act, 1976, Mutation No. 1168 dated 18.10.2000 was attested by the Collector (ACR Jammu) in favour of Chaman Lal (ex-owner) to the extent of land measuring 05 Kanals and 12 ½ Marlas. Thereafter, the order of ACR Jammu was challenged by Dhanna before the Director Land Records with powers of Commissioner Agrarian Reforms, who vide his order dated 12.05.2001 in reference of a compromise deed, which was executed between Dhanna and Chaman Lal, whereby land measuring 4kanals & 5 Marlas was agreed and resumed by Ex-landlord Chaman Lal and land measuring 07 Kanals was accepted by Dhanna.
During verification, it came to fore that the ex-landlord Chaman Lal S/O Munshi Ram, his son namely Rajinder Sharma and Rekha Sharma W/O Rajinder Sharma in league with revenue officials posted on different occasions namely 1) Manohar Lal, then Patwari (now expired), 2) Bashir Ahmed then Naib Tehsildar Bishnah (now expired), 3) Dev Raj, then Patwari, now Girdawar presently posted at DC Office Samba, 4) Tarsem Lal, then Naib Tehsildar Bishnah managed to alienate the land resumed u/s 7 of the Agrarian Reforms Act, 1976 illegally as the above named revenue officers/officials, by abuse of their official positions, issued the Fard-e-Intikhabs of the land illegally and dishonestly by concealing the facts as well as tempering the record, thus conferred benefits upon them, as the land resumed u/s 7 of Agrarian Reforms Act, 1976 is barred from sale and no such Form No. 5 was found available in the office of Tehsildar Bishnah.
The aforementioned acts of omission and commission on the part of 1) Dev Raj S/O Faqir Chand R/O Khara Madana near Forest Check Post Bari Brahamana, Samba, then Patwari, now Girdawar presently posted at DC Office Samba, 2) Tarsem Lal S/O Beeru Ram R/O Kaluchak near Ajay Shopping Complex Jammu A/P HQA in DC office Samba, then Naib Tehsildar Bishnah, beneficiaries namely Chaman Lal S/O Munshi Ram, his son Rajinder Sharma and Rekha Sharma W/O Rajinder Sharma and others constitute offences punishable under section 5(1)(d) r/w 5(2) J&K PC Act. Svt. 2006 & sections 120-B, 467, 468 & 471 RPC. Consequently a case FIR No. 22/2020 was registered in PS ACB Jammu.
