MADAN PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Rajeev Singh, learned counsel for the petitioner, learned AGA and perused the record.

(2.) Instant petition under section 482 Cr.P.C., 1973 has been preferred with the prayer for setting aside the impugned order no. 2788/62-3-2007-137RI/05 dated 21.6.2007 passed by opposite party no. 3 i.e. Principal Secretary, Department of Rural Engineering Services, Government of U.P., Civil Secretariat, Lucknow and further directing the opposite parties not to proceed on the basis of impugned order in relation to case crime no. 416 of 1999 under section 420, 423,120B and 511 IPC, Police Station Bisalpur, District Pilibhit.

(3.) According to the petition, petitioner was posted as Executive Engineer in Rural Engineering Department, Badaun. Some persons were trying to get the lease of the land concerned to the Gramsabha Pasgawn, Bisalpur, executed in their favour belonging to scheduled Tribes community. Leases were cancelled by the Collector, Pilibhit vide order dated 29.5.1993. The said order was challenged before the learned Commissioner in Revision No. 308 of 1993, Om Prakash v. State and 36 other related matters. The said revision was allowed on 25.01.1994 and the order of cancellation of lease dated 29.5.1993 was set aside by the learned Commissioner, Bareilly. The learned Commissioner referred the matter to the Board of Revenue for reference. Board of Revenue after hearing the parties, decided the reference upholding the judgment and order dated 25.1.1994 passed by the Commissioner, Bareilly. State Government filed a Writ Petition No. 3252 of 1997 (M/S) before this Court challenging the orders of the Board of Revenue as well as the Commissioner, Bareilly on the ground that authorities below have not considered the fact that the land was not fit for cultivation as it was in the shape of forest. The said petition was dismissed by this Court vide order dated 01.07.1997 on two counts. Firstly; it was filed highly belated. Secondly; it was held that the Board of Revenue has rightly taken the view that if the land is of the forest department, then the lease itself is void otherwise it is valid. Special Leave Petition No. 7363 of 1998, State v. Rambharosey and others was preferred against the judgment and order dated 01.07.1997 passed by this Court in the aforesaid writ petition before Hon'ble the Apex Court, which was dismissed on 20.11.1998.