MOHAMMAD ABBAS Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition against the order dated 20.04.2016 passed by the trial Court, by which the trial Court has framed charge against the petitioner in Special Case No.08/2015 for commission of offence punishable under Section 120-B of Indian Penal Code on two counts. Against another co-accused Anju Singh Baghel, the Court framed charge punishable under Section 13(2) of Prevention of Corruption Act and Section 418 of Indian Penal Code.

(2.) The petitioner on 05.02008 submitted an application for exchange of land. In the aforesaid application, the petitioner pleaded that he is the owner of a land area 1.90 hectare situate at Sleemanabad, Patwari Halqa No.38, Khasra No.622 and the aforesaid land be exchanged with the Government land situate at Village Hardua Khurd, Tehsil Bahoriband, District Katni, Patwari Halqa No.38, Khasra No.109 area 0.60 hectare and Khasra No.111, area 0.78 hectare, total area 1.38 hectare. On the aforesaid application, Sub-Divisional Officer registered a case vide Revenue Case No.3/A/25/2007-08 for exchange of land. A report was called and paper publication was made. Gram Panchayat submitted its report. On 17.06.2008 statement of the petitioner was recorded. The Patwari/Revenue Inspector was directed for spot inspection. Naib Tehsildar in his proposal recommended the exchange of the land. The Collector called a report from the Sub-Divisional Officer. He submitted a report on 25.08.2008. Thereafter, the then Collector passed the order on 14.11.2008 in regard to exchange of land.

(3.) The Collector was transferred and, thereafter, another Collector was posted and he had taken the matter in suomoto review. He noticed certain illegalities, thereafter, vide order dated 26.12.2009 he canceled the order of exchange of land passed by the earlier Collector Smt. Anju Singh Baghel. Against the aforesaid order, the petitioner filed a petition before the Board of Revenue. The Board of Revenue set aside the order dated 26.12.2009 passed by the Collector canceling the order of exchange of land vide order dated 04.02011 on the ground that it was necessary for the Collector to take permission from the Board of Revenue in accordance with Section 51 of the M.P. Land Revenue Code before taking the matter in suo-moto review. Because no such permission was taken, hence, the order passed by the Collector was illegal. The Board of Revenue set aside the order passed by the Collector canceling exchange of land. The Board of Revenue further granted a liberty to the administration and the Collector to submit appropriate application for grant of permission for review.