SHANTI TRADING COMPANY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition, prayer has been made under Sec. 482 of the Code of Criminal Procedure for quashing of FIR No. 0357 dtd. 30/9/2016 under Sec. 7/10 of the Haryana Development and Regulation of Urban Areas Act, 1975 (in short 'the Act') registered at Police Station Kundli, District Sonepat.

(2.) Briefly, the petitioners vide sale deed dtd. 12/1/2006 (Anneuxre P-5) purchased land measuring 16 Kanal 8 Marlas out of 64 Kanals 3 Marlas. Thereafter they executing and registering five separate sale deeds in between 24/3/2006 to 6/7/2007, sold 10 Kanals 14 marlas to different people, out of their total holding aforesaid. Mutations were also entered qua the same in the revenue record. No grouse was ever raised till 21/3/2011 for around 04 years by any Government authority, functionary or any Department including respondent No. 2-District Town Planner, Sonepat. However, all of a sudden, on 30/9/2016, respondent No. 2 awoke out of a great slumber and as a diligent officer moved complaint to the police for registration of a case against the petitioners under Sec. 7/10 of the Act.

(3.) Things did not rest here, inasmuch as respondent No. 2 did not pursue his complaint with the Police Department, nor the police authorities ever thought to take action against the petitioners on the complaint of the District Town Planner till 30/9/2016. Now, it was the turn of Police Department to awake out of great slumber after approximately 05 years of filing the complaint and 09 years of alleged violation of Sec. 10 of the Act and lodged impugned FIR. The above conduct of the police and State functionaries shows that how by and large, the State machinery runs and its officials or authorities, behave and work.