STATE OF PUNJAB Vs. SH GURMUKH SINGH

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') relates to setting aside of quashment of order passed by the Additional Sessions Judge, Patiala, dated 18 -2-198 3, Annexure P-l as well as the order passed by Sub Divisional Judicial Magistrate, Rajpura, dated 2-9-1987, Annexure P-2.

(2.) BRIEF facts relevant for the disposal of this petition, are that Gurmukh Singh respondent was owner of land measuring 15 Bighas 3 Biswas in village Dhakansu Kalan, Tehsil Rajpura, District Patiala. He carved out 20 plots from his land and sold them to 20 persons during the period 6th January, 1981 to 24th January, 1982 through registered sale deeds in contravention of the provisions of Section 8 (1) punishable under Section 11 (1) of the Punjab Regulation of Colonies Act, 1975 (hereinafter referred to as 'the Act' ).

(3.) MRS. Bhatia, appearing on behalf of the State contended that since 20 plots sold by the respondent to different vendees comprise of compact area of land which would be covered by the definition of colony as contemplated under Section 2{c) of the Act, as such it was obligatory for the present respondent to take licence under sub section (2) of Section 4 of the Act before sale of aforesaid plots in the colony whether for residential or such like other purposes.