Petitioner sought FIR registration for criminality in mutation of nazul land. Court held this is a civil dispute over property shares. Mutation alone does not confer ownership. Petition dismissed at admission stage with direction to approach civil court.
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Page No.1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(Cr.) No. 84 of 2017
Versus
---- Respondents
For Petitioner : Mr. Surfaraj Khan, Advocate For Respondent/State : Mr. Neeraj Jain, Govt. Advocate
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
09/03/2017
Page No.2
were exerting their right over the property. In the meanwhile, the respondent No.5 & 6 in connivance with the nazul officer, got their name mutated in respect of the nazul land. The said nazul part of land was subject to mortgage by taking loan by the respondent No.5 & 6 i.e. Fatema Khan and Badrujama. It is stated that such conduct on the part of the respondent No.5 & 6 amounts to criminality, therefore, the FIR be directed to be registered.
Sd/(Goutam Bhaduri) Judge
Balram
2 issues framed by the court
Whether a dispute arising over mutation of nazul land between parties claiming rights as sharers constitutes a cognizable offense warranting FIR registration.
Whether mere mutation of names in revenue records confers ownership rights and if not, where the aggrieved party must seek relief.
Seraj Ahmad
State Of Chhattisgarh
Fatema Khan
Badrujama
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
