STATE OF MAHARASHTRA Vs. SIKANDAR KHUTUBUDDIN MUJAWAR

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 17-5-2003 passed by learned Special Judge, Kolhapur, acquitting respondent (accused) of charges under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption act 1988 (P.C.Act).

(2.) The facts in brief are that complainant - Dattatray @ Devgonda P. Patil (P.W.-2) resides at Ichalkaranji with his mother and other family members. His mother owned certain lands and complainant was looking after the said lands. To get the boundaries of the lands fixed, the mother of complainant had filed an application in the month of January/February 1996 in the office of Taluka Inspector of Land Records (TILR), for getting the lands measured and mark the boundaries. The required fees has also been paid. Despite paying the requisite fees, the work was not done. Hence, complainant made repeated visits to the office of the TILR, there he met respondent, who was working as surveyor in that office and respondent was only telling complainant every time that he will fix the date and issue notice of measurement. In the month of June 1996, respondent had issued notices for measurement but did not turn up because of which, the work of measurement was pending.

(3.) Again on 6-12-1996, complainant filed an application in the name of his mother for measurement in TILR office, Shirol and obtained receipt. Complainant again visited two or three times to the office of the TILR and met respondent and requested him to issue notices of the date of measurement. Respondent, however, kept giving only empty assurances.