Khushi Doshi
Published On: February 03, 2022 at 18:03 IST
Supreme Court on Thursday was baffled by a Decision made by the Andhra Pradesh High Court stating that it would be an Abuse of Law if the police files a Case against someone who Forged Land Records but did not use them to cause the State to lose Rvenue.
The Andhra Pradesh Government’s Decision to accept such an unusual Decision and not Appeal it to the Supreme Court baffled the Bench of Justices Sanjay K Kaul and MK Sundresh.
After reading the unusual High Court Order, a private individual moved to the Supreme Court, and Senior Advocate Sidharth Luthra pointed out that this is being abused in Private Civil matters between parties, who can now Forge Land Records without fear of Prosecution if they pay the current rate of Land Revenue.
“We find the aforesaid reasoning totally unsustainable. The effect of this reasoning is that fabrication of documents is permissible if it does not cause loss to the revenue! We have thus no hesitation in concluding that the Impugned Order must go and is consequently set aside.” the Bench stated.
In connection with a land dispute, Visakhapatnam police filed a First Information Report (FIR) in 2011, Accusing private Respondents of submitting Forged House Tax books and Tax Receipts to the Urban Land Ceiling Department to obtain valuable Government land. The private Respondents Petitioned the High Court to have the FIR Quashed.
“We are thus of the view that no purpose will be served in remitting the matter back to the High Court or for restarting the Investigation in view of the passage of time. Suffice to say that in view of the Order being Quashed, the private Respondents cannot take advantage of the same as a clean chit to them. The Civil Court will take its own view on the basis of the Evidence before it regarding the Inter Se Disputes between the private parties. Our only regret is that this issue is pending for almost eight years even before this Court! We accordingly allow the Appeals.” said Justices Kaul and Sundresh.
