Find if forged court orders used to acquire govt land: High Court to deputy commissioners

The directions came from a division bench after a Kharar resident had forged the high court’s order and got mutated the gram panchayat land in his favour.

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While taking suo motu notice of the case, the high court has initiated criminal contempt proceedings against the beneficiary, Harpal Singh, a resident of Khizrabad village of Kharar tehsil.

The court has also directed Mohali police to register a case and submit the status report regarding investigation in the case. Tehsildar of Kharar has been directed to produce revenue records of the mutation of gram panchayat land.

“The brazen act of forgery would not only amount to a criminal offence, it also, prima-facie, scandalises the authority of this court, besides interfering and obstructing with the administration of justice. The mischief thus also falls within the meaning of ‘Criminal Contempt of Court’ as defined under Section 2 [c] of the Contempt of Courts Act, 1971,” said the bench. It further added that forging and fabricating a judicial record or a public document is a serious cognizable offence.

The court has directed the Mohali deputy commissioner and the SSP to identify and
effect service on Harpal Singh (main beneficiary), Gurmel Singh, Doger Sher, Pritpal Singh, Janak Singh and Nachhattar Ram, all residents of Khizrabad village. Notices have also been issued to the sarpanch of the village.

The division bench has summoned the six contemnors through bailable warrants and has directed the Mohali chief judicial magistrate and SSP to execute bailable warrants. They have been issued showcause notices as to why criminal contempt proceedings under the Contempt of Courts Act, 1971, be not initiated against them.

The allegation against Harpal Singh is that he forged the high court order of October 18, 2014, claimed to have passed by the high court in case “CWP No. 1469 of 2001 [Harpal Singh Vs. State of Punjab & Ors.”

Whereas this petition was filed by one DP Yadav, a hydrologist serving in Haryana, in relation to his service dispute and the case stood decided on April 29, 2002, and had no concern with the dispute over ownership of land between Harpal Singh and gram panchayat Khizrabad.

“It is obvious that the so-called order dated 18.10.2004, on the basis of which Harpal Singh got mutated the gram panchayat land in his favour, was a forged and fabricated document,” said the court.

As an interim measure, the court ordered stay on operation of the mutation sanctioned by the revenue authorities on April 25, 2008.

It was further ordered that revenue entries shall be restored in favour of the gram panchayat forthwith and alienation or creation of third party rights shall also remain stayed.