GIRISHBHAI KANTIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India for issuance of appropriate writ or direction upon the District Superintendent of Police, Dist- Bharuch to consider the petition dated 19.09.2019 (Which discloses Serious Cognizable offences committed by the accused persons) to investigate the offences committed by the accused persons and to register the FIR against the accused persons.

(2.) Heard learned Advocate Mr. N. K. Majmudar for the petitioner and learned APP Mr. H. K. Patel for the Respondent State through Video Conference.

(3.) The brief facts of the case in nutshell is that the petitioner is an agriculturist and is residing with his family at the address mentioned in the cause title of the present petition. The petitioner is also rendering social service and he was also member of Village- Panchayat. The petitioner had purchased the land (Gabhan Land) at measuring 37 feet x 22 feet, situated in Village Nondhana, Taluka: Jambusar, District- Bharuch on 16.05.2006 from it owners (1) Shri Kanubhai Fafatbhai Patel and (2) Shri Naginbhai Ranchhodbhai Patel which was recorded as Serial No. 181 of the necessary record of the Panchayat. On 16.05.2006, the petitioner was handed over the peaceful and vacant possession on the same day, the petitioner had constructed an Iron Shade upon the said land and since 2006, the petitioner had been remained in lawful occupation and possession of the aforesaid Gabhan land. The said Gabhan land is also entered in the assessment register of Nondhana Village Panchayat and the same is entered in the necessary register maintained under provisions of Gujarat Panchayat Act, 1993 and rules made there under by Nondhana Gram Panchayat i.e. at Sr. No. 197 in the assessment register. The same is also described as property situated in Ambe-chowk, Property N. 155/2 - Gabhan Land the necessary extract of assessment register i.e. Sr. No. 197 which is in respect of the petitioner's aforesaid land. The Nondhana Gram-Panchayat had convened the general body meeting on 31.05.2006 and by passing the resolution no. 6 the said land is entered in the name of the petitioner, so far as the record of the Nondhana Gram Panchayat is concerned. The petitioner is shocked to know that in respect of the same subject matter land, which is already entered in the name of the peititoner as stated herein above in Panchayat record it seems that the concerned accused persons in collusion with each other and misusing the position of a member of the Panchayat as well as the wife of the purchaser of the same land who is a Sarpanch of the Village, all the concerned accused persons have created forged document and got up and fabricated record and have assessment record. The petitioner was constrained to prefer a Civil Suit being Regular Civil Suit No. 37 / 2018 against the concerned defendants who are the accused persons and have committed serious cognizable offences. The Principal Senior Civil Judge at Jambusar was pleased to pass an order below Exh. 5 in Regular Civil Suit No. 37 / 2018 and was pleased to direct the parties to maintain status quo till the final disposal of the suit. Prima facie established that the concerned accused persons have committed serious cognizable offences punishable under Sections 420, 465, 467, 468, 471, read with 114 of the Indian Penal Code . Concerned Police Department has not taken any action against the accused persons.