MANORAMA KOSHTI MALKAPURKAR Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dtd. 23/12/2016 and the order dtd. 30/12/2016 whereby the Commissioner Revenue, Indore has directed the Collector, Dhar to further direct the Superintendent of Police, Dhar to register an FIR against the present petitioner, as it is not possible to hold the Departmental Enquiry on account of her retirement.

(2.) Facts in nutshell are that the petitioner is a retired Government Servant while she was working on the post of Tehsildar at District-Dhar. She mutated the lands bearing survey No.84 ad-measuring 378 hectare and survey No.213 ad-measuring 8.898 hectare situated in Village-Tornod, Tehsil and District-Dhar in favour of Dhapubai vide order dtd. 16/07/2009. She also mutated lands situated at Badnawar, District-Dhar bearing survey Nos.2598, 2597, 2598, 2626, 2627, 2628, 2629, 2630, 2979/2110 ad-measuring 10.280 hectare in favour of legal heirs of the partners of Nandram Jawahar Ginning Factory after death of one of its partner.

(3.) These mutation orders were passed way back in the year 2009- 10. The petitioner retired on 31/12/2012. The Commissioner Revenue has issued an order dtd. 23/12/2016 directing S.P., Dhar to register an FIR against the present petitioner. In pursuance to this letter, the Collector, Dhar issued a letter dtd. 30/12/2016 to the S.P., Dhar to register the FIR against the petitioner. Thereafter, the petitioner came to know about the aforesaid mentioned letters and she filed an application under the Right to Information Act. She got the relevant documents and after going through the said letters, petitioner came to know that the genesis of passing such an order was the mutation carried out by her way back in the year 2009-10. The Revenue Commissioner in exercise of suo motto powers has alleged that the mutations were carried illegally and without following the due course of law. As the petitioner was retired, it was not possible to hold Departmental Enquiry, hence ordered that FIR be registered against the present petitioner. Being aggrieved by the said order, the petitioner has filed the present writ petition before this Court.