SOMA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) This petition has been filed with a prayer that action be taken against respondent Nos.9 to 22 for selling Nazool land, allotted to them, against the provisions of law. To say so, it is necessary to mention here that before this writ petition is filed, one FIR bearing No.8 dated 12.11.2010 has already been registered against respondent Nos.9 to 22 for committing offences punishable under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, 1860 and Section 13(2) of the Prevention of Corruption Act, 1988, at Police Station State Vigilance Bureau, Flying Squad-I, Mohali. That FIR is subject matter of challenge in CRM-M-13192- 2011 and CRM-M-37837-2011. Those petitions are attached with this writ petition and on 01.03.2012, stay orders granted in favour of the accused in that FIR were vacated by a Division Bench of this Court. Thereafter, final report has been submitted against the accused named in the FIR as per the provisions of Section 173 of the Code of Criminal Procedure, 1973 and the trial is going on. In view of the order which we are going to pass in this writ

(2.) , petition, those two petitions bearing CRM-M-13192-2011 and CRM-M- 37837-2011 are ordered to be detached from the file of this writ petition and are ordered to be put up before the learned Single Judge, as per the Roster, for appropriate orders to be passed therein. However, liberty is granted to the petitioner(s) in those petitions to pray for stay order afresh. The learned Single Judge will decide that prayer on merits without being influenced by the order of this Court passed on 01.03.2012 vacating the stay orders earlier granted. During hearing of this writ petition, it was noticed by this Court that the Nazool land, allotted subject to certain conditions, is being sold in the State of Punjab without getting permission from the Government and also in violation of the provisions of the Nazool Lands (Transfer) Rules, 1956 and other connected conditions and Rules. Taking note of the same, on 03.07.2012, following directions were issued by this Court:-

(3.) BUT in Kapurthala District land has decreased on verification. The reasons for such decrease are being sought from Deputy Commissioner-cum-Collector. The district wise latest position provided by the concerned Deputy Commissioner is as follows:-