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Uttarakhand High Court · body

2016 DIGILAW 10 (UTT)

HAZI JAMALUDDIN v. STATE OF UTTARAKHAND

2016-01-05

SERVESH KUMAR GUPTA

body2016
JUDGMENT Hon’ble Servesh Kumar Gupta, J. No counter affidavit has been filed by the respondent no.3, despite the fact that the Vakalatnama has been filed on 18.05.2015. 2. This petition has been filed under Section 482 Cr.P.C. with the prayer to quash the proceedings of Case No.11/2005 Year 2013 ‘State Vs. Sagir Ahmad (1st party), Hazi Jamaluddin (2nd party)’ under Section 145 Cr.P.C. pending before SDM Rudrapur, District Udham Singh Nagar. 3. Having heard the learned counsel of the petitioner, what glosses is that the dispute pertains to the step brothers regarding the land situated in Siroli Kalan under the territorial jurisdiction of Police Station, Kiccha bearing Gata No.114 measuring 1.1070 hectare; Gata No.836 measuring 1.3850 hectare (total land 2.4920 hectare). As per Aakar Patra 45 issued after the consolidation way back in 1994 A.D. (Fasli 1401 to 1402) the name of petitioner Jamaluddin S/o Sri Sagir Ahmed was recorded as owner with transferable rights on such land. 4. Somehow, the respondent no.3 Mr. Sagir Ahmed, at the strength of some so-called order dated 29.05.1998, moved an application before the Consolidation Officer concerned on 30.11.2011 i.e. after 15 years of closure of consolidation proceedings seeking certain incorporation in the revenue records by which he claimed title on the agricultural land, wherefor the prayer of Amal Daramad/incorporation of his rights in the revenue record was sought. This application was rejected by the Consolidation Officer on 02.07.2013 against which the Revision No.52/15 Year 2012-13 was filed by Mr. Sagir Ahmed. Such revision was decided by Mr. Brijesh Kumar Sant, Deputy Director of Consolidation (DDC) on 22-11-2013 setting aside the order of Consolidation Officer, indicated above. By such order, the DDC expressed his acceptance to the so called order dated 29.05.1998 produced by Mr. Sagir Ahmed. 5. The judgment of DDC was challenged by Mr. Jamaluddin in Writ Petition (M/S) No.2773/2013. Such petition, having been heard on merits, was allowed by the Co-ordinate Bench of this Court on 24.11.2014 and the impugned order of Deputy Director of Consolidation dated 22.11.2013 was set aside. 6. That being the situation, the judgment and order of the Consolidation Officer dated 02.07.2013 became final which accepts the Aakar Patra 45 issued by the competent authority depicting the ownership over the land, in question, in Fasli No.1401 to 1402 and such ownership is in the name of Mr. Jamaluddin. 7. 6. That being the situation, the judgment and order of the Consolidation Officer dated 02.07.2013 became final which accepts the Aakar Patra 45 issued by the competent authority depicting the ownership over the land, in question, in Fasli No.1401 to 1402 and such ownership is in the name of Mr. Jamaluddin. 7. In the light of above facts, there remains no doubt about the ownership of Mr. Hazi Jamaluddin S/o Sri Sagir Ahmed, over the land, in question. So, there was no occasion for the Joint Magistrate/Sub-Divisional Magistrate to issue the impugned order dated 21.06.2013 and thereafter the order of attachment dated 12.11.2014 for such land. Hence, both these orders issued by the Joint Magistrate/Sub-Divisional Magistrate Rudrapur, District Udham Singh Nagar are hereby quashed. Such Magistrate is directed to ensure the peace and tranquility at the spot but not at the cost of disturbing the possession of true owner of the land, who is none other but Mr. Hazi Jamaluddin (petitioner). 8. This petition stands allowed accordingly. 9. Stay application (IA No.1953 of 2015) stands disposed of as such.