SURENDRA MOHAN Vs. K P MANI

JUDGEMENT

(1.) Surendra Mohan Sarin, who is the sole proprietor of Varanasi Housing Development, has filed this petition for Mandamus directing K. P. Mani Tripathi, Deputy Superintendent of Police, Varanasi Sector, U.P. Vigilance Establishment, Varanasi, to confine the exercise of his powers under S. 91 Cr. P.C. to specific queries pertinent to the charge of corruption against K.P. Srivastava, Competent Authority under Urban Land (Ceiling and Regulation) Act, 1976, and from resisting to enforce the summons dt. 26-10-1986 sent by him under S. 91 Cr. P.C., by which petitioner 1 has been called upon to produce certain papers and documents mentioned therein. A prayer for quashing of the said summons dt. 26-10-1985 has also been made.

(2.) Surendra Mohan Sarin, petitioner 1 established Varanasi Housing Development, petitioner 2, for carrying on the business of construction and development of housing colonies as the sole proprietor. In Varanasi a good deal of vacant land formerly belonging to Maharaja of Banaras, situated at various places, was declared excess vacant land under the Urban Land (Ceiling and Regulation) Act, 1976. On the applications moved by the owners of the vacant lands, the same were released under S. 21(1) of the Ceiling Act for utilization by construction of dwelling units by the weaker section of the society.

(3.) A number of complaints were received against K. P. Srivastava, Competent Authority, Urban Ceiling, Varanasi, who is alleged to have released the lands under S. 21. A vigilance enquiry was set up against him for investigating the charges of corruption and nepotism while discharging his duties as Competent Authority under the Urban Ceiling Act. K. P. Mani Tripathi, Respondent 1 was appointed as Enquiry Officer to investigate into the charges levelled against him. Respondent 1 issued the impugned summons dt. 26-10-1985 under S. 91 of the Cri. P.C. directing the petitioner 1 to produce certain documents, books of accounts for the years 1975 to 1984, and various other papers which are mentioned in the same. The petitioner has filed this writ petition challenging the power to issue such a blanket summons calling upon the petitioner 1 to produce the documents mentioned therein.