'Reprehensible Conduct': J&K High Court Directs Criminal Proceedings Against Dy Commissioner, Ganderbal For Filing False Pleadings Before Court

The Jammu and Kashmir High Court has directed that appropriate criminal proceedings should be initiated against the former Deputy Commissioner, Ganderbal for having filed a false pleading before the learned District Judge.

The court observed that this conduct of a responsible officer of the Government is reprehensible and shows that the said officer has no respect for the rule of law. The court also stated that the officer concerned did not think twice before filing a false written statement before the learned trial court with a view to defeating the claim of the petitioner.

A bench of Justice Sanjay Dhar was hearing a petition seeking payment of rent and compensation for unauthorized occupation by the district administration, Ganderbal. The Deputy Commissioner, Ganderbal, falsely claimed that the administration was not in possession of the building, which was later contradicted by the report of the commissioner appointed by the district judge. The report stated that the building is occupied by the District Administration, Ganderbal.

The court observed that courts generally trust the statements of public officers given by them in their pleadings at face value, as there is a presumption of correctness attached to the pleadings filed by public officers in the course of their official duties. However, the present case is a classic example of a public officer filing misleading pleadings before the court just to defeat the rightful claim of a litigant.

The court also observed that the manner in which the district administration took possession of the building without the permission of the petitioner clearly shows that they did not adopt due process of law while denying the petitioner possession of the building in question.

The court said that in such circumstances, the respondent could not have unilaterally fixed the rent amount and that the same must be determined only after negotiations with the petitioner in that regard.

Therefore, the court directed the respondents to pay the petitioner rent at the rate of ₹12 per sq. ft for the use and occupation of the building in question, along with the electricity charges.

APPEARANCE:

Syed Faisal Qadiri, Sr. Advocate with

Mr. Sikandar Hayat Khan, Advocate FOR Petitioner

Mr. Syed Musaib, Dy. AG. FOR Respondents

Case-title: ABDUL MAJID SOFI vs UT of J&K, 2025

Citation: 2025 LiveLaw (JKL) 55

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