KISHORILAL VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This common order shall govern the disposal of above mentioned criminal revisions because they involve the same issue and were heard together.

(2.) Criminal Revision Nos.2313/2013, 2119/2013 and 2389/2013 have been filed by the accused persons namely, Kishorilal Vishwakarma, Meena Mehra and Vivek Tripathi against the order dated 4.10.2013 passed in Special Case No.6/2013 by the Special Judge, Lokayukt, Jabalpur, whereby he has framed charges under section 420/120-B of the Indian Penal Code and section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988. And Criminal Revision No.331/2014 has been filed by the Special Police Establishment, Lokayukt, Jabalpur, whereby the Special Judge, Lokayukt, Jabalpur, has discharged non-applicant/accused Alok Shrivastava of the charges under section 420/120-B of the of the Indian Penal Code and sections 13(1)(d) read with section 13(2) of the Prevention of Corruption Act.

(3.) The facts in short are these. On 20.3.1943 one Dayabai alias Phoolmati had purchased land bearing Khasra no.30; area 0.154 hectare, situated at village Mahanadi, District Jabalpur. Indira Pastala is grand- daughter of Dayabai and wife of Augustin Pastala. On 14.3.2002 Indira Pastala filed an application under section 113 of the Madhya Pradesh Land Revenue Code (in short, "the Code") for correction of Khasra entry in revenue books. Indira Pastala stated in her application that she had earlier applied for mutation of her name along with Augustin Pastala in the year 1989 which was allowed on the basis of partition deed. But when copies of Khasra entry and Rin Pustika were supplied to her, the name of Augustin Pastala was not there. Indira Pastala, therefore, prayed that the land be mutated in the joint names of Augustin Pastala and herself. The application was filed before Tahsildar Meena Mehra and she on the same date directed for its registration and publication of proclamation. Meena Mehra also called for the report of Patwari. Patwari Kishorilal Vishwakarma submitted his report on 4.4.2002 stating that the land had already been mutated in the name of Indira Pastala. It is to be noted that application of Indira Pastala was supported by the certified copy of Khasra entry of the year 1989-90 showing her name mutated. Meena Mehra by her order dated 22.4.2002 transferred the case to Tahsildar Vivek Tripathi with an observation that the land fell within his territorial jurisdiction. Vivek Tripathi, however, raised a question of jurisdiction on 28.4.2002 in view of section 178 of the Code. He also directed for production of copy of the order whereby land was mutated in the name of Indira Pastala. Therefore, on 3.5.2002 an application under section 178 of the Code was filed for getting the name of Augustin Pastala recorded as co-sharer. Vivek Tripathi passed an order dated 21.5.2002 under section 178-A of the Code directing recording of the names of Indira Pastala and Augustin Pastala as Bhumiswamis. Vivek Tripathi received information that in the original Khasra entry name of Indira Pastala was not recorded. He, therefore, sought permission on 27.6.2002 from his superior officer under section 51 of the Code to review his order. And Nazul Officer Alok Shrivastava granted sanction vide order dated 10.7.2002. Vivek Tripathi thereupon vide order dated 15.7.2002 set aside his earlier order dated 21.5.2002 and directed deletion of entry, if any, made in the revenue record.