HARI SHANKER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) AS both these petitions under section 482 Code of Criminal Procedure (For short "Cr.P.C.") are arising out of same incident on the basis of two different First Information Reports (for short ''FIR') lodged on two different dates by the same person against the petitioners , they are being disposed of by common judgment.

(2.) BRIEF facts for deciding these petitions are that petitioners Hari Shankar Singh and Rama Shanker Singh (now stated to be died) were tenure holders of Gata No. 800M situate in village Deoria Bujurg, Tehsil Alapur, District Ambedkar Nagar having an area 0.172 hectare. In the same village Gata no. 572 having area 0.032 hectare was recorded in the name of Junior High School Deoria Bujurg in Khatauni of 1409 to 14014F. The consolidation authority of District Ambedkar Nagar in Case No. 132 Hari Shanker Singh Vs. Nageshwari, decided on 1.9.1998 under Rule 109A ordered for mutation of the name of petitioners over Gata no. 800M having area 0.172 hectare . No order was passed in respect of Gata no. 572 in the aforesaid proceedings. However, the names of the petitioners were entered in Gata no. 572 which was actually belongs to Junior High School Deoria Bujurg. In this regard, a complaint was lodged by one Ram Daras Pandey opposite party,(For Short 'RDP') in both cases. On the basis of the complaint of RDP, Naib Tehsildar, Tehsil Alapur, District Ambedkar Nagar gave its report on 10.1. 2009 specifying the facts that there was no order of entering the names of the petitioners over Gata no. 572. The names entered of the petitioners over gata no. 572 is without any order and requires correction and their names entered over gata no. 572 are liable to be scored off. On the basis of this report, the Tehsildar Alapur, District Ambedkar Nagar, submitted its report to the Sub Divisional Officer, Alapur, District Ambedkar Nagar. It was also mentioned therein that order mutating the name of Junior High School in Gata No. 800M was not passed by the consolidation authority. So, the names of petitioners recorded in Gata no. 572 and name of Junior High School recorded in Gata no. 800M are not in accordance with the order passed by the consolidation authority on 1.9.1998. On the basis of this report, the proceedings under section 33/39 of the Land Revenue Act(For short 'LR Act'), Ram Daras Pandey Vs. Harishanker Singh and others were initiated wherein the Sub Divisional Officer corrected the record in terms of the order of the consolidation authority. The said order has been put to challenge in Revision bearing no 339/912 under section 219 of the LR Act before Additional Commissioner, Faizabad Division, Faizabad. The said order was set aside and the revisional court directed to make compliance of the orders passed by Hon'ble High Court and Hon'ble Supreme Court affirming the orders passed by consolidation authorities ,so, the order should be complied with. In the meantime, the Tehsildar, Alapur, District Ambedkar Nagar vide its letter dated 16.3.2009 directed S.O. of police Station Jahangirgang, District Ambedkar Nagar to register FIR in this matter of making fake entry in revenue record with the connivance of the petitioners. In pursuance thereof, the FIR was lodged on 28.04.2009 at case crime no. 164/09 under sections 419,420,466,467,468,471 IPC at P.S. Jahangirganj, District Ambedkar Nagar on the basis of complaint made by RDP, the opposite party. The perusal of this FIR reveals that according to RDP, Gata no. 572 having area 0.032 hectare is entered in the name of Junior High School and Gata no. 800M having area 0.172 was entered in the name of one Som Nath son of Dhodha and Ramshanker Singh son of Late Janki Prasad Singh. The petitioners applied under Rule 109A for mutating their names over Gata no. 800M,in place of Som Nath in Case No. 132 before consolidation authority and the name of petitioners Hari Shanker Singh and Ram Shanker Singh was ordered to be mutated. But by manipulating things the petitioners with connivance of revenue authorities got the their names entered in Gata No. 572 which belongs to Junior High School and the name of Junior High School was entered at Gata No. 800M. The same was not in terms of the order passed by the consolidation authority. For the aforesaid act, the petitioners with the connivance of revenue authorities tempered the mutation made in the dispatch register and for that, he filed certain documents in support of his claim along with FIR. After lodging of the FIR, an order was passed on 28.8.2009 by the Sub Divisional Officer, Alapur, District Ambedkar Nagar in proceedings under section 33/39 of the Land Revenue Act to correct the record in terms of the order dated 1.9.1998. The name of Junior High School was scored off from Gata No. 800M and names of petitioners Hari Shanker Singh and Rama Shanker Singh were entered in Gata No. 800M. Similarly, the name of petitioners Hari Shanker Singh and Rama Shanker Singh were scored off from Gata No. 572 and name of Junior High School was entered/restored in Gata No. 572 in revenue records. None of the parties challenged the said order and the same was implemented by incorporating the name according to the order of consolidation authorities. Thus,the order dated 28.8.2009 became final. The police after investigation of the case submitted final report.

(3.) IT is also pertinent to mention here that another application has been moved by RDP, the opposite party under section 156 (3) Cr.P.C. In pursuance thereof, the second FIR was lodged at case crime no. 701 of 2010 under sections 419,420,467,468 IPC at police station Kotwali Akbarpur, District Ambedkarnagar on 23.5.2010 in respect of the same dispute of entry made in Gata No. 572 of the names of Harishanker Singh and Rama Shanker Singh.This case was also investigated by police. After investigation of the same, the police submitted final reports in this case also.