Wrong declatation
Querist :
Anonymous
(Querist) 16 January 2012
This query is : Resolved
A APPLIED for allotment of agriculture land to tehsildar in RAJASTHAN IN1963 ,in this application form he declared himself land less although he was having 52 bigha of land in same tehsil.tehsildar alloted him 25 bigha temporarily for three years, again in 1965 he applied for allotment of land in same area and again he declare himself land less but patwari reported on his application that he is having 25 bigha land alloted in 1963, but authority alloted him 10 bigha land, in 1966 these allotment was not renewed on the ground that he was having 52 bigha of landand other technical groud, he was declared tresspasser he appealed to authorities and the land was again alloted to him by sdo/collector in 1975, and he was given permanent khateri rights in 1978, till now he is holding the land also get it converted into commercial.now tehsildar loged a complaint under 420.467.468.471 saying that he falsly claimed himself landless in 1963 and 1965. wheather A can be punished and under what section, is there a time limit to prosecute.
ajay sethi
(Expert) 16 January 2012
without going through the papers of case difficult to advice as you have stated that in 1975 he appealed to collector against order declaring him a trespasser .if same grounds have been taken in 1966 that he had 52 bighas of land and in appeal he won the case how would prosecution for same offence lie now
Deepak Nair
(Expert) 17 January 2012
Yes. NO comment can be made without seeing the papers. The details in the query are insufficient.
prabhakar singh
(Expert) 17 January 2012
True! we can not speak any thing with certainty without papers.
But one thing is clear the land got allotted to him was based on his misstatement and land belonged to state[public at large]then there would be no question of any limitation to proceed against is my view.
Shonee Kapoor
(Expert) 17 January 2012
It needs to be conclusively proved that he was the owner of the land at the time of allotment of land. If he procured the land subsequently or the land was bequeathed to him later, he would be acquitted.
There are lots of ifs and buts in such old records.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
