MANABHAI @ MANIBHAI BABABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent State.

(2.) Mr. Yogesh Lakhani, learned senior advocate for the applicant, submitted that the present applicant had already been retired on 30.04.2015 and the allegation levelled against the present applicant is only to the effect that he was working as a Resident Additional Collector, Surendranagar at the relevant time and he forwarded the positive opinion of upholding the orders dated 18.09.2013 and 20.02.2014, which was based on the positive opinion of the Prant Officer, Chotila. He further submitted that the complaint against the present applicant would be contemptuous in nature since the consent decree was passed by the Civil Court, Chotila and the litigation has travelled to the Hon'ble High Court and the consent decree is not interfered in the Second Appeal by the Hon'ble High Court, wherein the Government had applied to be joined as a party by filing Civil Application No.10195 of 2017, which was also not entertained by the Court. He further submitted that the orders dated 18.09.2013 and 20.02.2014 are set-aside by the Deputy Collector and the Special Civil Application Nos.12662 of 2019 had also been filed against the orders dated 18.09.2013 and 20.02.2014, wherein the stay was granted by the Hon'ble High Court vide order dated 24.07.2019. It is, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Referring to the affidavit being produced by Mr.A.P.Jadeja, Assistant Director, A.C.B., Rajkot, Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that the present applicant along with the co-accused created fake letters and used the same as genuine for usurping Government Land and all the accused persons in collaboration with each other hatched criminal conspiracy for the total land ad-measuring Hector 317-80-14 Sq.Mtrs. and caused financial loss amounting to Rs.5,40,40,000/- to the Government exchequer. He further submitted that the government officers misused their posts for getting illegal benefits by misinterpreting the orders and sanctioned the entries on the basis of registered Sale Deeds and caused financial damage to the Government and thereby committed the offence of misconduct. It is, therefore, prayed that no discretion may be exercised in favour of the applicant.