We appeal Sindhudurg district administration to lodge criminal case against stamp vendor & Revenue dept officers & conduct State-CID inquiry in Chafekol village land forgery case.
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Brief facts about the case:
We walked-out from the city-lifestyles to our ancestral village to start a non-formal leearning center for school walkouts. We have ancestoral property at Dhamapur and Chafekhol village in Sindhudurg district. All the proprty land were recorded on our family name and our great-grandfather Late. Professor Vishnu Anant Desai. Taking undue advantage of our absence and our common surname one stamp vendor gave verdi application to village Talathi for recording his name as legal heir of Late. Professor Vishnu Anant Desai.The said application was mutated in village Chafekhol's land revenue record . This mutation entry was certified by the circle officer. As per the said mutation the stamp vendor claimed himself to be the sole surviving legal heirs of Late. Vishnu Anant Desai.The stamp vendor shown in affidavit before Executive Megistrate, Oros (district head quarter) dated 04.10.2008 that, he on oath affirm before Executive megistrate, Oros, that he is sole surviving legal heirs of late Vishnu Anant Desai. The village police patil issued a false and fabricated certificate contending that the stamp vendor is the only grandson of deceased Vishnu Anant Desai.
We got knowledge of these fact from our village tenant Mr. Ghadidavkar, who was forcibly asked by these curlprits to vacate his land at a throw away price. We therefore moved application (date: 24/08/2011) to the District Collector Mr. Virendra Singh. The Collector made order of enquiry against the forgery. Realsing the future legal consequences th stamp vendor who runs a photocopy and pritning business at the district headquarters, sworn in another affidavit before executive megistrate, Oros stating that earlier affidavit which was he made is false. Being highly dissatisfied with overwhelming support form the agreived villagers to complaint, the stamp vendor became envy and he started to play mischief. Therefore, we constrained to file criminal case against the stamp vendor in the court of J.M.F.C, Malvan u/s.465,468,471,420 r.w.34 of Indian penal code. Prior to that complaint also file complaint before revenue authority. That the revenue authority initiated seperate enquiry for discovering the foul played by their revenue officers.
In response to R.T.I application to the Revenue department we received a detail enquiry report of the Deputy Tehsildar of Malvan, Mr. Subhash Chaudhari. For the first time in the record of Sindhudurg district in the R.T.I application all the evidences i.e. a detail report on how the revenue officers forged revenue records to commit crime were made public by the departmenrt. Deputy Tehsildar in his report reavealed that the stamp vendor and the village Talathi played numbers of blunders. It is reavealed that, number of flase tenancy cases has been filed, wrongly tenancy orders were obtained & worngly third party interest was created by the stamp vendor and the village Talathi for their unlawful gains. This enquiry report also recommended to take departmental action against these corrupt officers and revoke the false sale deeds. To read enquiry report please click on following link https://drive.google.com/file/d/0B0DK-93Rug6GblJWX0lSU1VQYVE/edit?usp=sharing
We had earlier registered written grievances to -
* SDO, Kankavli (date: 26/09/2011)
But in spite of this, documents were forged and selling of our land holdings continued. For example case of Shri. Pundalik Achyut Gosavi (case number 74/10, date: 19/07/2011), Later the land holdings were sold to Dashrath Vinayak Raul (date: 04/08/2012)
Tampring of evidence:
The accused stamp vendor is running photocopy and printing center in Sindhudurgnagari at CIDCO building. The revenue officer in Sindhudurgnagari are in his close contact due to his photocopy and printing business.Due to this connections he has having direct excessess in the offices of revenue department. By making influence on revenue department, he suppress the secondary copy of affidavit which can be revelaed by letter written by Revenue officer to Investigation officer in the present case in which it is claimed by the office of SETU that the affidavit made in 2008 is damaged due to fungus and water.
Even after the anticipatory bail was rejected by the High court of Bombay, the village Talathi forcibly entered the revnue officer of Chafekhol village. He tried to search some papers in absence of the Talathi on-duty. We reported this incident to Tehsildar and Malvan police station. But Malvan police didnt take any step to officially record this incident.
Final step in court:
Finally, with the help of social-activist Advocate Mr. Suhas Sawant we filed complaint before the J.M.F.C, Malvan. Though during the dialogue we all, including the magistrate were apprehensive about credibility of local police. But after hearing us and pursuing the documents on record, the J.M.F.C., Malvan passed an order under section 156(3) and thereby directed Police Inspector of Malvan police station to investigate into matter and submit his report.Its more than six months now. Malvan police is just wasting time in taking statements and counter-statements and soft targetting the accused village tenants. Due to inefficient representation by the police department the accused stamp vendor very easily got anticipatory bail from Sessions Court. We therefore made application for cancellation of bail. Advocate Suhas Sawant argued at length and submitted that if the accused stamp vendor is continued to be on bail his custodial interrogation will not be possbile to th Investigative officer and there will be dead end of the investigation which will cause miscarriage of justice.During his argument he gave refrences of various rulings of hon.supreme court. The Public Prsecutor for the state submitted that in view of progress made in investigation avalaibility of new material against accused no.1 showing his invlovment in serious offence, his custodial interrogation is necessary so that many other crimes committed by the accused stamp vendor can be detected. Howevr, after going through the copy of sale-deed executed by the accused stamp vendor it emerges that he signed that sale-deed as one of the vendors and amount of Rs.1,50,000/- was received by him with other tenants. The interesting thing is that the sale deed was executed for consideration of Rs. 1,50,000/- but its marker price fixed by the goverment is Rs. 3,32,000/-. it means that the sale consideration was shown less than half of the market price. One can definately imagine as to how much accuse stamp vendor and co-oners would have received by this sale transaction. The court further observed that now accuse stamp vendor now cannot say that he is innocent and he did not receive any consideration. This is definately the additional matter to be investigated by the Investigating officer. Papers of investigation also show that one witness is avalaible to the Investigating officer whose name was recorded as tenant in the record of right of 17 1/2 acres land owned by Late. Vishnu Anant Desai. Statments of these tenant and his old mother show that accused stamp vendor and village Talathi approched these tenants, took them to Tehsildar and submitted affidavit of these tenants that their names were worngly recorded in the record of right of this land and accused stamp vendor was owner in possession of this land. Thereafter accused stamp vendor and co-accused Talathi contact one Mr. Mhapankar who on payment of Rs. 5,00,000/- to tenant and his old mother obtained registered sale-deed of this 17 1/2 acres. However, copy of sale-deed of this land shows that the said tenant and his old mother executed the sale-deed to one Mr. Dashrath Rawool and Abaji Gaonkar for the consideration of Rs. 6,00,000/- and the Goverment market price of this land was 15,01,500/-. Thus, this land was sold at the price which is half than its goverment market price. This sale deed shows that Shri.Mhapankar acted as power of attorney for the tenant and his old mother while obtaining permission for sale of this land from SDO. Thus, one can imagine how much amount accused stamp vendor and Talathi would have grabbbed out of the actual sale consideration of this land owned by late. Vishnu Anant Desai.The court further observed that accuseed stamp vendor and the talathi is involved in serious offences of preparation of false and bogus documnts and also involved in accepting huge amount from illiterate villagers by using these false documnts. In the order of the Judge Shro Kotwal states that he is fully satisfied that if accused stamp vendor is continued bai, definately it will be dead end of the investigation and it would amount of miscarraige of justice. The evidence collected shows that accused has illegally extracted huge amount by cheating illieteate villagers. For recovering this amount and for deep investigation regarding additional material availaible agianst accused, custodial interrogation is must. Hence in the view of this new development in the investigation this application for cancellation of bail desrves to be allowed.
While, in the High Court of Mumbai, the honourable Judge.Mrs. Mridula Bhatkar rejected the anticipatory bail of the Talathi. In her order she stated that after going through the statements, prima facie, there is evidence against the accused Talathi of making flase documents in connivance with the accused stamp vendor and has committed the offences as charged. Further, the accused Talathi is a Goverment servant holding the post of Talathi and therefore the offence is of a serious nature.Considering the same, the hon. high court rejected the anticipatory bail application.
Why this petition is so important ?
Sindhudurg is a land of marginal farmers. Due to tourism and corrupt policies of politicians, notorious people and corrupt government officers gang up to forge land records and to grab lands. This is not one case in Sindhudurg district. Every week we hear some land forgery case in news papers. But not everyone is capable to take up issue to its final stage. This nexus of land grabbing is increasing day by day...This is short cut way to earn money. Village youth is lured into this kind of activities by unsocial elements of society. We wish to bring these issues to limelight. Let people be aware of their rights. This struggle is not to have our land and money. We believe in giving back to society. We wish to expose corrupt officers and unsocial elements. We want Police department to do sincere and detail inquiry into this issue. Revenue department must suspend and file a criminal case against their corrupt officers and give justice.
Question arising from this case
1) In spite of intervention by your superior officers why there was no-action taken by your office? Apart from Talathi and Circle officers are there any other senior officers involved in Chafekhol land forgery case?
2) What are the detailed provision(s) under the law for your department to lodge FIR against the Talathi and Circle officers of the revenue department?
3) What other powers are available with your department, in prosecuting and penalizing Talathi Shri. A.R. Narlikar and Circle officers Shri. P.C.Malgavkar, and Shri Adekar?
4) Since forged affidavit was used to commit crime in your jurisdiction, what are the detailed provision(s) under the law for your department, to lodge FIR against Shri. Sainath Laxman Desai?
5) What other powers are available with yourdepartment, in prosecuting and penalizing Shri. Sainath Laxman Desai? Has any penal action been taken against Shri. Sainath Laxman Desai?
Media support (please click on the link to read the media report) :
Tarun Bharat (सत्याग्रह) http://epaper.tarunbharat.com/c/1205737
Sakaal (सिंधुदुर्गात जमीन घोटाळा ) http://www.esakal.com/Tiny.aspx?K=b5Q0a
Tarun Bharat (व्यवस्थाचा ७/१२ आणि न्यायाचा ८-अ) http://epaper.tarunbharat.com/c/2546286
Lokmat (खोट्या दस्तऐवजतून जमीन बळकावल्या ) https://drive.google.com/file/d/0B0DK-93Rug6GWVJ2NzJnNWNMR2c/edit?usp=sharing
Tarun Bharat (जमीन व्यवहारात महसूलकडून दलाला ची भुमिका)
Anticipatory bail of Accuse no-1 stamp vendor cancelled by Session court Judege Mr. Suni Kotwal. To read the order click on - https://drive.google.com/file/d/0B0DK-93Rug6GVThpNFZ6QktublU/edit?usp=sharing
Anticipatory bail of village Talathi was cancelled by Hight court of Mumbai Judege Smt. Mridula Bhatkar. To read the order click on - https://drive.google.com/file/d/0B0DK-93Rug6GUEQ5RkQzZU5sLXM/edit?usp=sharing
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