By Our Reporter
SHILLONG: In a setback to Additional Advocate General SP Mahanta, the Court of the Deputy Commissioner (Judicial) on Monday declared the possession of land by him at Lower Lachumiere as illegal.
The case relates to the petition of Tushar Nath Bhattacharjee, an NRI, who had filed a suit in 2004 against Mahanta and his wife, Vennetta Kharsyntiew, for the alleged illegal possession of the 14,285 sq feet property since 1992. Bhattacharjee had claimed that this was his parental property.
Though a lower court here had on February 10 last year dismissed the case, Bhattacharjee made an appeal against the lower court verdict.
Bhattacharjee, who is from Shillong and settled currently in Sydney, Australia, had alleged that his signature was forged for grabbing his land at Lower Lachumiere.
The NRI had said that out of the total 19,585 sq feet of land, the lawyer and his wife had illegally taken over 14,285 sq feet of land with only an ‘agreement to sell’ made on April 3, 1992 with a forged signature of T Bhatta.
Prior to this in 1991, 5,300 sq feet property deal was executed on ‘sale deed’ mode with forged signature of T Bhatt, the complainant had stated. The Court of the Deputy Commissioner (Judicial) B Giri in her order on Monday set aside and reversed the order of the lower court of FS Sangma made last year.
Giri ruled that the agreement of sale was illegal as it was not in consonance with the law.
The next move of lawyers taking up the case on behalf of Bhattacharjee will be to file an appeal for the recovery of the land.
The NRI had alleged that during his absence from India, Mahanta had executed a fraudulent sale deed on March 4, 1992 by forging his signature and presenting an imposter before a local court. In March 2005, Bhattacharjee filed an FIR against Mahanta, but the senior lawyer evaded arrest by availing an anticipatory bail.
In March 2011, the case figured in the Assembly with the Opposition raising the issue and demanding action against Mahanta.
The Government had asked Mahanta to relinquish the post of Additional Advocate General which he was holding. Subsequently, Mahanta had tendered his resignation.
After the case was dismissed last year Mahanta was re-instated.
Earlier in his reaction to the allegations, Mahanta had said that after the payment of Rs 4 lakh to the family of Bhattacharjee out of the total Rs 12 lakh for the property, the undertaking was that the remaining amount will also be paid.
Mahanta had said that Bhattacharjee had concealed the fact that Rs 4 lakh was paid in March 1992 as advance by the lawyer’s wife.
But, Bhattacharjee had said that he did not know who got Rs 4 lakh paid by Mahanta.
The relief to Bhattacharjee was possible thanks to the intervention of the High Court of Meghalaya last month.
The Judge of the High Court of Meghalaya, Justice Nanda Kumar Singh, had criticized the Deputy Commissioner (Judicial) since the appeal has been pending.
The Judge, taking up a suo moto case said in his order on April 9 this year that it was not known why the Deputy Commissioner had taken such a long time in disposing off the appeal. The Judge also wanted the case to be disposed off before May 6 or face contempt proceedings.
“In case of non disposal of the case, the Deputy Commissioner (Judicial) should appear in person on May 6 at 10.30 AM to apprise the court on why the appeal has not been disposed off,” the Judge had said in his order.