SHAILA PRADEEP PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. By consent of learned Advocates for the parties, rule made returnable forthwith and the writ petition is taken up for final hearing at admission stage.

(2.) This writ petition is filed by six persons who are accused in the F.I.R. registered as Crime No. 45 of 2009 at Police Station, Bhusawal, for offences punishable under Sections 420, 468, 471 and 192 all read with Section 34 of Indian Penal Code.

(3.) Briefly stated, Respondent No. 2 in his capacity as the Block Development Officer, Panchayat Samiti, Bhusawal lodged complaint on 21.04.2009 against present petitioners who were at the relevant time Sarpanch, Upa-Sarpanch and members of the gram panchayat and had passed resolutions thereby allowing amendment to Village Form N0.8-A wrongly and illegally. According to the complainant, the Collector, Jalgaon had formed plots in 0.80 Are land out of gat No. 242/1/A/2 at village Khandale and those plots were allotted to persons who were landless and homeless. At the time of allotment, one of the conditions was that the plots cannot be sold, gifted or bequeathed or otherwise transferred to anyone. However, Respondent No. 3 complained that some of the plots owners sold the plots to others and, therefore, the government should cancel those sale transactions and take the possession of the said plots. Enquiry was made through Tahsildar and Sub Divisional Officer, Bhusawal. Report was submitted to the Collector, Jalgaon on 20.5.2008. However, the Chief Executive Officer, Zilla Parishad, Jalgaon, informed that since the term of governing body of the Gram Panchayat, Khandala had come to an end, it was not possible to take action against them. It is further stated in the complaint that by resolution No. 4 dated 2 8.3.2 006, plot No. 457 which was in the name of Namdeo Makadu Patil was transferred in the name of one Rajendra Chavdas Patil and mutation to that effect in Village Form No. 8A was allowed by the Gram Panchayat of which present petitioners were office bearers at that time. Similarly, plot No. 15 was originally allotted to Shankar Mahipat Sapkal, but as per resolution No. 6 dated 29.6.2007 the said plot is transferred to the name of Sarabai Rajaram Rane, in view of sale deed in her favour. The complaint was registered as Crime No. 45 of 2009 at Bhusawal Police Station. Copy of FIR is at Exhibit G to the petition.