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HC turns serious over fabricated orders brought by private parties

Orders state govt to form SIT to probe issue

Hyderabad:The Telangana High Court took a serious view over two incidents of fraud by private parties by bringing on record fabricated or forged court orders to get favourable orders with regard to prime land at Shamshabad, and directed the state government to constitute a special investigation team (SIT) into the matter. The bench also issued status quo orders on the said land.

A division bench comprising Justice Tadakamalla Vinod Kumar and Justice P. Sree Sudha directed the police to initiate action against the persons involved in the fraud on the court and interfering with the administration of justice.

The bench was dealing with a civil miscellaneous petition regarding a land dispute in Survey No.s 661 to 664, 720, 721, 724 to 732 and 775 at Shamshabad and (Paigah) village, between the HMDA and private parties.

According to HMDA, around 180 acres of land was acquired by the erstwhile Huda in the 1990s. When objections were raised for enhanced award amount, the Supreme Court in 2009 had ordered enhancement. Following a private party approaching it, claiming around 14 acres in that parcel of land, the High Court in 1988 issued orders setting aside the award and acquisition.

While dealing the cases, Justice T. Vinod Kumar found that private party had claimed that the order was passed by a High Court bench headed by a certain judge on April 29, 1988. Justice Vinod Kumar, who had enrolled as advocate in 1988, remembered his maiden year of practice in the High Court and recalled that the particular judge had been elevated to the bench only on December 28, 1988 and could not have passed the order in April 1988.

Justice Vinod Kumar also found other orders presented by the private parties to defend their case were forged. The private party submitted to the record of the order of writ petition No.28734 of 1996, an order issued in 1997 by a judge.

On the directions of Justice Vinod Kumar, the High Court Registrar (Judicial) inquired into the matter and submitted that the last writ petition registered in 1996 was No. 28715. It is also stated that on verification of the cause list of 22.04.1997, it appeared that WP No. 28734 of 1996 was not listed on the date. With that, the court prima facie came to the conclusion that those orders had also been fabricated.

Justice Vinod Kumar had earlier found fabricated or forged orders in 2024 in two cases related to Shamshabad land. In view of the incidents, Justice Vinod Kumar directed the High Court Registrar (Judicial-I) to lodge a complaint with the Charminar police for a detailed inquiry into the aforesaid aspects of the matter by initiating necessary action against the parties involved for bringing on record fabricated and forged orders.

He directed the state government to constitute SIT expeditiously to investigate into the complaint to be lodged by the Registrar (Judicial-I) along with the earlier two complaints registered with Charminar police station.

Justice Vinod Kuamr also made it directed the Registrar (Judicial-I) to obtain orders from the acting Chief Justice to issue a necessary circular to all the officers concerned to not act on the orders, if relied upon in any collateral proceedings before any court/forum, including displaying the same on the High Court website for information of general public.

( Source : Deccan Chronicle )
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