SAKHARAM GANGARAM THAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the conviction and sentence recorded against the appellant for the alleged commission of offences punishable under Sections 161 of the Indian Penal Code and 5 (2) read with 5 (1) (d) of the Prevention of Corruption Act, 1947.

(2.) THE prosecution case is that complainant P. W. 1 Murlidhar Melluram Ailiani is a displaced person residing at Ulhasnagar in District Thane. He was working in the office of the Police Commissioner, Bombay. Murlidhar has a somewhat large family, which consists of himself, his wife Gangabai, one son and three daughters. His wife had with some difficulty effected a saving of about Rs. 500/-and with that amount she purchased in the year 1971 a super structure in Ulhasnagar Camp Nos. 2 and 3. The super structure was sold to her by Bhagirath Mansingh, which stood on land belonging to the Government. The sale deed was a registered one. After getting the structure various amenities like electricity and water supply to the premises were applied for. All this was being attended to by Murlidhar under a power of attorney passed in his favour by his wife. In the year 1972 or so a complaint appears to have been made against Murlidhars wife in relation to the said structure. The Administrators office issued a notice to Gangabai calling upon her to show cause why the structure being un-authorised, should not be demolished. A reply was given to the said notice but the Assistant Administrator was unrelenting on 4-1-73, he passed an order for the structures demolition. An appeal was carried to the Administrator against the demolition order. The Administrator dismissed the appeal on 30th April 1973. Thereafter Gangabai preferred a revision application to the Settlement Commissioner. The revision was registered as Revision Petition No. 23 of 1973. Initially the matter came up before the predecessor in office of the appellant whose name was Mr. Rege. The said Mr. Rege refused to stay the demolition and against this order Gangabai had to move the State Government. The State Government granted stay to the demolition on 7-8-1973. Appellant took over as the Settlement Commissioner later.

(3.) THE office of the Settlement Commissioner or the Chief Settlement Commissioner is located on the third floor of Vakil's Chambers, Ballard Estate, Bombay Gangabai's revision came up for hearing on 15-9-1978. The revision was not beard on that day and then began the usual adjournments. Eventually, on 16-2-1979 the hearing took place. Gangabais Advocate was not present but Murlidhar argued the matter on her behalf and the revision was adjourned for delivery of judgment to 23-4-79. The judgment was not delivered on 23-4-1979 nor on the next day i. e. 11-5-1979. On 11-5-1979 another date i. e. 25-6-1979 was given.