HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT JAMMU

Bail App No.105/2021

CrlM No. 622/2021

CrlM No.620/2021

CrlM No.621/2021

Reserved on : 21.12.2021

Pronounced on: 29.12.2021

Sonam Dorjey and another

….Petitioner(s)

Through :- Mr.K.M.Bhati, Advocate

V/s

UT of J&K and others

….Respondent(s)

Through :- Mr. Eishaan Dadhichi, Advocate vice Mr.

Vishal Sharma, ASGI

Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE

ORDER

1. It is contended that the applicant No. 1 is serving as Sub Divisional

Magistrate Zanskar and the applicant No.2 has superannuated as Sub

Divisional Magistrate in November 2020. It is further contended that

the applicant No. 2 served as Tehsildar in Tehsil Saspol of District Leh

during the year 2009 to 2010 and in 2014 and the applicant No.1

served as Tehsildar in Tehsil Saspol of District Leh during the year

2007 to 2008, 2011 and 2013, and during the said period of their

posting in the said area, a number of mutations were attested on spot in

exercise of the powers vested in them under law with regard to

succession, sale deeds and Nautors under Elaan No, 38 under the Land

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Revenue Act regarding the occupation and utilization of state land for

agriculture purposes as per the situation existing on spot at that time

after observing all the legal formalities including visiting the spot and

recording the statements of the villagers with regard to the claims

made by the parties and the signatures were obtained on the mutation

registers as per law and verifying the objections if any raised with

regard to the claims of the occupants of the land. During the period of

their posting as Tehsildar, a number of persons requested and

pressurized the petitioners to make revenue entries in the shape of

mutations with regard to different chunks of land under the Nautors

under Elaan No, 38 under the Land Revenue Act, however on visiting

the spot, when their claim was not found genuine, no mutations were

attested being in violation of the law despite the highest political

pressures.

2. It is also contended that one Sonam Angchok who wanted to occupy

some state land and get it mutated in his favour illegally on the

strength of the mutations made in favour of the genuine persons, filed

an RTI application in the year 2017 before the then Tehsildar Khalsi

seeking information with regard to the mutations attested after the year

2009 in village Saspol, and the information was furnished to him and

on the basis of the said information, the said person filed representation

before the CEC Ladakh Autonomous Hill Development Council Leh

alleging embezzlement of thousands kanals of land in and around his

village and the said motivated representation, led to the initiation of an

enquiry with regard to the mutations attested in the said village. It is

also contended that Private Secretary to CEC/Chairman Ladakh

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Autonomous Hill Development Council vide his letter No.

LAHDC/CEC/23/18/ 217–223 dated 05.05.2018 wrote to Deputy

Commissioner Leh mentioning therein about the representation and

RTI reply as submitted by the said person regarding the alleged illegal

mutations, and ordered him to constitute high-level enquiry in the

matter for action under law. Although no enquiry could have been

started into the lawful mutations attested on spot after conducting a

detailed enquiry as provided under law, on the basis of a complaint

filed by an interested person who used every forum to take revenge of

not allowing him to oc