Living man shown dead on papers


Kulgam: The Revenue Department has declared an alive man from South Kashmir’s Kulgam district as ‘dead’ and mutated his land in a fraudulent manner. The fraud in broad day light has severely troubled the man, who is awaiting justice for the past 9 years.

In 2008, Baroo Poswal son of Roshan Poswal of Tangamargh tehsil of Kulgam, visited the Deputy Commissioners office at Kulgam to get ‘state-subject’ for his son, Irfan Ahmed. But he was shocked to see the officials showing him the papers wherein he had been declared as ‘dead’ and his land mutated.

 “They had even mentioned on papers that I have no son,” said Baroo, who approached news agency CNS with the documents on Tuesday afternoon. I turned panicky and saw the papers. I was shocked to see my land mutated in favour of two of my relatives in an illegal manner. All this had been done in connivance with the Revenue Department officials,” he alleged.

Baroo said he immediately approached the Court of Additional Deputy Commissioner (Collector) Kulgam with an appeal that the matter may be inquired forthwith. In his order issued on 30-5-2009, the then ADC writes: “The perusal of records, especially the mutation number 1137 which is under challenge, reveals that it is the appellant himself who has been shown as dead and it is his very property which has been mutated in favour of the respondents.”

It adds: “It is quite strange case when the appellant is surviving and breathing and has appeared before me in person, how could his property be mutated in favour of the respondents. In fact it is a case of deceit and fraud where the respondents and beneficiaries under mutation 1137 have hatched a conspiracy to grab the property of the appellant brazenly. And it is for this reason that they have shown appellant dead and have tried to grab his property.”

 The order adds: “The Counsel for the respondents when asked had no replies to explain the fraud and deceit. The attesting officer has been misled by the beneficiaries under the mutation and by the witnesses present who seem to be the party to the fraud. The concerned Patwari has been totally negligent in his duty and without verifying the facts, he has drafted the mutation. There can be no more serious case of negligence than this where Patwari concerned should be dealt with under the Service Conduct Rules for which the case shall be taken up with the Financial Commissioner Revenue. “

The ADC set aside the mutation and ordered restoration of property to the appellant. He also directed that a case be registered against the beneficiaries under the mutation and the witnesses thereof.

While Buroo got some justice here, he had to face an ordeal while dealing with the issue. Police and administration have allegedly delayed investigation in the case, forcing Buroo to take the next step. It is still not clear whether the accused persons have been punished or not.

“Due to police and administration apathy, justice has been deluding me from past 9 years. Neither the culprits were punished nor was the land given back to me. Both my money and land is gone while the cheating officials and culprits are roaming free. “The culprits including Munshi Gorsi son of Kaka Gorsi and Nazir Poswal son of Laldin Poswal are still in possession of my ancestral land and are threatening me of dire consequences in case I raise the issue before anyone,” hapless Baroo Poswal told adding that due to threats they have migrated to Pulwama district.

Assistant Commissioner Revenue Kulgam Shahnawaz Hussain said that truth always prevails and the victim will get justice. (CNS)

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