Crl. Misc. No. M-23658 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-23658 of 2008
Date of decision: 12.09.2008
Virender Singh Malik
....Petitioner
V/s
State of Haryana
....Respondent.
CORAM:HON’BLE MR. JUSTICE A.N. JINDAL
Present : Mr. Gaurav Mohunta, Advocate
for the petitioner.
A.N. JINDAL J.
The Petitioner is the Block Development and Panchayat Officer
posted at Gurgaon as Assistant Collector, First Grade. He has sought
quashing of the FIR No. 285 dated 21.12.2007 under Sections
420,467,468469,120-B IPC and under Section 13 (1) of the Prevention of
Corruption Act, 1988 registered at Police Sation Sector 56, Gurgaon along
with all other consequential proceedings.
The facts in backdrop of the case are that a suit under Section
13-A of the Punjab Village Common Lands (Regulation) Act, 1961(as
applicable to the State of Haryana) was filed on 11.03.1985 by the
proprietors in the Court of Assistant Collector, First Grade Gurgaon
pertaining to 4703 bighas 15 biswas of Gram Panchayat land situated in
village Bandhawari, District Gurgaon on the ground that proprietors from
Crl. Misc. No. M-23658 of 2008 2
the very beginning were the owners in cultivating possession of the land as
Biswedars and Gram Panchayat has no concern. The said suit was partly
decreed by the petitioner vide order dated 09.11.1989 to the effect that out
of the total land, 1566 bighas 5 biswas is that of the proprietors while the
remaining land was that of Gram Panchayat.
The Collector vide his judgment dated 17.11.1989 allowed the
appeal and case was remanded back to the Assistant Collector vide order
dated 18.12.1991 for fresh decision on merits.
The revision petition filed by the petitioner against the order of
learned Collector, Gurgaon was dismissed vide order 21.01.1993. since
Assistant Collector Ist Grade, Gurgaon had made the illegal transfer of the
land therefore present FIR was registered against him and was investigated.
During investigation it transpires that as per copy of jamabandi for the year
1984-85 Department of State Affairs, through the Panchayat land of village
Bandhawari was in possession. The land in dispute, as per entry of
Jamabandi is Gair Mumkin Abadi, Gair Mumkin Nadi, Nala, Pahar and the
same was used for public purposes. As a matter of fact, the Assistant
Collector 1st Grade, Gurgaon in order to cause loss to the State exercised his
powers confirming rights on the private persons. The said act is clear cut
flagrant misuse of power. The provision of Section 2(g)-5 had been
eliminated through Act No. 9/92 published on 11.2.1992 after which the
total area of shamlat deh was to be included in panchayat. Before the
elimination of the provision, only 25 percent of the areas was to be included
in the panchayat. The petitioner in connivance with other persons of the
area transferred the land.
Hence in view of this, specific allegations are made, no ground
Crl. Misc. No. M-23658 of 2008 3
for quashing the aforesaid FIR and all other consequential proceedings is
made out. The petition stands dismissed. However, Superintendent of
Police, Gurgaon is directed to examine as to who were the accomplices of
the petitioner, investigate the case against them in order to unearth the
scandal in which huge area of Gram Panchayat land has been illegally
transferred.
12.09.2008 (A.N. JINDAL) Ajay JUDGE