By correspondent
Srinagar, Nov 12: District Magistrate Pulwama has ordered handing of property to two Kashmiri Migrant brothers even as it ordered an inquiry how the same was mutated in 1997 without formal transfer in favour of two people in Dangerpora area of the south Kashmir district.
Disposing of a petition filed by Vinod Dhar and Summer Dhar, sons of Omarkar Nath, originally residents of Danderpora and at present Haryana, the District Magistrate also ordered SHO of police station Pulwama to lodge an F.I.R against the two people—Ghulam Mohammad Mir and Mst Shameema— under relevant provisions of law for producing a “forged court decree”.
“….the petition at hand is disposed off with the direction to Tehsildar concerned to restrain the Respondents (Ghulam Mohammad Mir and Mst Shameema ) to interfere the suit property and hand over the property in question to the Petitioners (two brothers) being owners of the property,” the DM said, adding, “Further Assistant Commissioner (Revenue) Pulwama shall enquire into the matter when it happen that a Mutation has been attested when there was no formal transfer decree. He shall also set the records right.”
Assistant Commissioner (Revenue) Pulwama, the DM said, has been asked to furnish the action taken report with regard to the property—two old residential houses, Kother alongwith land of about 2 Kanals underneath and appurtenant.
“S.H.O P/s Pulwama shall lodge an F.I.R against the Respondents for producing a forged court decree under relevant provisions of law.”
The District Magistrate observed that respondents have committed criminal Act by produced a forged document before different courts and have tried misleading and misinform the courts of law. “The alienation of migrant property as per prescribed procedure under J&K Migrant Immovable Property Preservation Protection & Restrain on Distress Sales Act 1997 mandates prior approval of the competent authority (Divisional Commissioner) only after that migrant property can be alienated,” the DM said, adding, “Thus the Respondents failed to produce the approval of the Competent Authority.” The petitioners in the case were represented by advocate Zaffar Qadri.
