Early Times Report
Jammu, June 9: In a significant development, the Jammu and Kashmir High Court has upheld the order of the Additional Anticorruption Court Udhampur, which discharged Kunal Sharma, the former Tehsildar of Katra, in a high-profile case involving a scam worth Rs 9.55 crore in stamp duty. The Anti-Corruption Bureau (ACB) had filed a petition challenging the discharge order.
Justice Rajnesh Oswal of the Jammu and Kashmir High Court, while delivering the verdict, observed that the circular clearly delineates the roles of Patwari, Girdawar, and Naib Tehsildar in the preparation, verification, and attestation of revenue extracts.
The Tehsildar’s role is limited to countersigning and endorsing the copies as “valid for one month only.” The court emphasized that there was no obligation for the Tehsildar to visit the spot or be involved in the preparation of the revenue extract.
The case pertains to an application for a revenue extract submitted to Naib Tehsildar Rattan Singh (now deceased), who forwarded it to Patwari Om Parkash for necessary action. The revenue extract was prepared by Patwari Om Parkash and verified by Girdawar Hukum Chand. Naib Tehsildar Rattan Singh was responsible for attesting the four copies of the Fard after verifying the record. The court found no responsibility imposed on the respondent, Kunal Sharma, to visit the spot or be involved in the preparation process.
The High Court thoroughly examined the order passed by the trial court and found no illegality or impropriety in its decision. Consequently, all the petitions challenging the discharge order were dismissed as they lacked merit.
The ACB had registered the case on July 9, 2011, against Swarn Singh Salaria, Harbans Singh, Kunal Sharma, Rattan Singh, Hukum Chand, and Om Prakash. The officials were accused of preparing and issuing incomplete and misleading revenue extracts related to land in Katra, causing a loss of Rs 9.55 crore to the state exchequer. The ACB alleged that the officials deliberately omitted mentioning the existence of The White Hotel, Katra, during the preparation of the revenue extracts, thereby facilitating the depreciation of the property’s value and allowing evasion of stamp duty.
Further investigation revealed that Swarn Singh Salaria had obtained a loan of Rs 1500 lakh from IDBI Bank against the said property. The surveyor had assessed the property’s value at Rs 194,25,24,478, which was agreed upon by the beneficiary and IDBI Bank during the mortgage.
This ruling by the High Court brings attention to the alleged irregularities in the stamp duty process and highlights the need for accountability and transparency in such transactions. |
