ANAND SINGH DANGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Criminal Miscellaneous petitions 16172-M, 16156-M, 16963-M and 16968-M of 2000 as the petitioners in all these four cases are accused in one and the same First Information Report No. 3, dated 8.4.2000, under Sections 218, 406, 409, 418, 420, 467, 468, 471, 120-B of the Indian Penal Code and Section 13(i)(d) of the Prevention of Corruption Act, 1988 registered at Police Station, State Vigilance Bureau, Ambala Range, Ambala. The petitioners are sought to be arrested in the aforesaid case on the allegations contained in the said First Information Report, which run as under :-

(2.) AT the relevant time, Anand Singh Dangi was Revenue Minister of Haryana. As per the allegations contained in the F.I.R., he was instrumental in allotment of land measuring 1329 acres wrongly, in 172 cases from 1.1.1995 to 21.6.1996 to different persons by the Rehabilitation Department and in 32 out of 172 cases, he bypassed the procedure proscribed for allotment of land by summoning the files directly from the Tehsildar Sales, Ambala and got the allotment made by misusing his influence. Land measuring 1405 acres and 14 marlas was allotted to 94 person at different places from 1.1.1995 to 21.6.1996 and in almost all the cases whosoever claiming himself to be a displaced person from West Pakistan filed claim for allotment of land, his claim was not verified properly. In some cases the actual claimant was shown to be dead and some other person filed claim as legal heir of the deceased. In all such cases, the claim was allegedly filed on the basis of affidavits of the legal representatives. After the allotment proposals were made, the file was sent straight to Anand Singh Dangi and he made his endorsement on every file of allotment and allotment chits were issued on the same day. Anand Singh Dangi summoned all these files directly from the Tehsildar Sales whereas the files should have been processed through the Joint Secretary of the Rehabilitation Department of the Government of Haryana. It was found that out of 24 cases, in ten cases Ishwar Chand son of Shanti Sarup, in two cases Narinder Kumar son of Amin Chand Ex.Sarpanch, (petitioner in Criminal Misc. No. 16968-M of 2000) and in one case Satish Kumar brother of aforesaid Narinder Kumar were holding power of attorneys. During investigation, it was found that Anand Singh Dangi in conspiracy with Didar Singh Tehsildar Sales, Jagdish Rai Tehsildar Sales, Ambala, Narinder, Ishwar Chand and Satish, abused his office and made allotments to his favourites by calling the files directly from these officials with a view to give wrongful gain to himself and to other bogus allottees knowing fully well that it was against the interest of the State. He allowed wrongful gains to the allottees on the basis of bogus power of attorneys by getting prepared bogus record from the Tehsildar Sales and thus caused wrongful loss to the State Government.

(3.) THE further case of petitioner Anand Singh Dangi is that the allegation of illegal allotment of land as alleged in the F.I.R. aforesaid cannot be attributed to him because the claims for allotment of land were to be verified by the authorities appointed under Section 2(e) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the orders passed by such authorities were quasi judicial in nature which were appealable, revisable and even could suo moto be rectified by the appellate authority. If some illegal or wrong orders were passed by the authorities, the remedy to the aggrieved person against that action is available under the Act itself. Anand Singh Dangi further claims that he has not passed any order pertaining to any allotment of the land and the orders of allotment of land to the displaced persons have been passed by the authorities concerned. He further claims that there are no allegations against him that he obtained illegal or unauthorised gains from such allotments. It was lastly stated that the petitioners approached the Court of Sessions for grant of anticipatory bail but their applications were dismissed. A copy of such order dated 10.5.2000 passed in the case of Anand Singh Dangi is available on record of Criminal Misc. No. 16172-M of 2000 as Annexure P-2.