GIRISH PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this group of Criminal Miscellaneous Petitions filed under Section 482, Cr.P.C., petitioners have sought direction to quash different F.I.Rs. lodged at Anti Corruption Bureau Choki Sirohi, Police Station Pradhan Aarakshi Kendra, Anti Corruption Bureau, Jaipur under Section 13(1)(D)(ii) of Prevention of Corruption Act, 1988 read with Section 120-B, IPC. (1) S. B. CRIMINAL MISC. PETITION NO. 1015/2003 : In the instant case, petitioners Girish Pal Singh and others have challenged the F.I.R. No. 189/1999 lodged at Anti Corruption Bureau Choki Sirohi, Police Station Pradhan Aarakshi Kendra, Anti Corruption Bureau, Jaipur, by Deputy Superintendent of Police, Anti Corruption Bureau, Sirohi. It is alleged that the Gram Panchayat, Aakra Bhatta convened a meeting under the chairmanship of Smt. Saka Devi, Sarpanch on 25-1 -1996 and adopted a resolution to sell the land in favour of the petitioners herein viz; Girish Pal Singh, Hodel Singh and Smt. Pushpa and two others viz., Lata Devi and Hari Prakash under Rule 266 of the Rajasthan Panchayat (General) Rules, 1961, hereinafter referred-to as "the Rules of 1961" considering their old possession at the rate of Rs. 0.15 per sq. ft. As per Rule 266 of the Rules of 1961, it was resolved that persons having possession over the urban land for more than 20 years but less than 40 years, the land may be sold at 1/3rd rate, which is prevalent in the market and in case of possession for more than 40 years, the land may be sold at 1/6th of the market rate. It is alleged that the Gram Panchayat without verifying the documents with respect to possession, adopted the resolution to sell the land at the throw away prices. At the relevant time i.e. in the year 1996, the Sub-Registrar, Abu Road provided the market rate of the subject land at Rs. 61,11 per square ft. This way, in case of Patta No. 11 Rs. 3,15,773/-, Patta No. 12 Rs. 3,15,773/-, Patta No. 13 Rupees 3,15,773/-, Patta No. 14 Rs. 3,16,992 and Patta No. 16 Rs. 82, 290/- in total Rupees. 13,46,601/- were less recovered. Thus, a huge financial loss was caused to the State Government. The sale of plots has been cancelled by the Collector, Slrohi exercising his revisional power under Section 97 of the Rajasthan Panchayat Act, 1994, in short "the Act of 1994".

(2.) (2) S. B. CRIMINAL MISC. PETITION NO. 60/2004 : In the instant case, petitioners Satya Narain and others have challenged the F.I.R. No. 192/1999 lodged at Anti Corruption Bureau Choki Sirohi, Police Station Pradhan Aarakshi Kendra Anti Corruption Bureau, Jaipur, by Deputy Superintendent of Police, Anti Corruption Bureau, Sirohi. It is alleged that the Gram Panchayat, Aakra Bhatta convened a meeting under the chairmanship of Shri Subhash Choudhary, Up Sarpanch on 19-11-1996 and adopted a resolution to sell the land in favour of the petitioners herein viz; Satya Narain, Mima Devi and Divakar and two others viz; Gunwant Bhai and Smt. Aman Yadav under Rule 266 of the Rajasthan Panchayat (General) Rules, 1961, hereinafter referred to as "the Rules of 1961" considering their old possession at the rate of Rs. 0.15 per sq. ft. as per Rule 266 of the Rules of 1961, it was resolved that persons having possession over the urban land for more than 20 years but less than 40 years, the land may be sold at 1/3rd rate, which is prevalent in the market and in case of possession for more than 40 years, the land may be sold at 1/6th of the market rate. It is alleged that the Gram Panchayat without verifying the documents with respect to possession, adopted the resolution to sell the land at the throw away prices. At the relevant time i.e. in the year 1997, the Sub Registrar, Abu Road provided the market rate of the subject land at Rs. 76/- per square ft. This way, in case of Patta No. 43 Rs. 3,82,549/-, Patta No. 44 Rupees 3,84,218/-, Patta No. 45 Rs. 3,79, 250/-, Patta No. 46 Rs. 7,58,500/- and Patta No. 47 Rs. 3,80,486/-, in total Rs. 22.85.003/- were less recovered. Thus, a huge financial loss was caused to the State Government. The sale of plots has been cancelled by the Collector, Sirohi exercising his revisional power under Section 97 of the Rajasthan Panchayat Act, 1994, in short "the Act of 1994".

(3.) (3) S. B. CRIMINAL MISC. PETITION NO. 61/2004 : In the instant case, petitioners Manju Vyas and another have challenged the F.I.R. No. 196/1999 lodged at Anti Corruption Bureau Choki Sirohi, Police Station Pradhan Aarakshi Kendra, Anti Corruption Bureau, Jaipur, by Deputy Superintendent of Police, Anti Corruption Bureau, Sirohi. It is alleged that the Gram Panchayat, Aakra Bhatta convened a meeting under the chairmanship of Shri Subhash Choudhary, Up Sarpanch on 19-11-1996 and adopted a resolution to sell the land in favour of the petitioners herein viz; Manju Vyas and Girish Pal Singh and three others viz; Smt. Aman Yadav, Sukha Ram and Smt. Aman Yadav under Rule 266 of the Rajasthan Panchayat (General) Rules, 1961, hereinafter referred-to as "the Rules of 1961" considering their old possession at the rate of Rs. 0.15 per sq. ft. As per Rule 266 of the Rules of 1961, it was resolved that persons having possession over the urban land for more than 20 years but less than 40 years, the land may be sold at l/3rd rate, which is prevalent in the market and in case of possession for more than 40 years, the land may be sold at1/6th of the market rate. It is alleged that the Gram Panchayat without verifying the documents with respect to possession, adopted the resolution to sell the land at the throw away prices. At the relevant time i.e. in the year 1997, the Sub Registrar, Abu Road provided the market rate of the subject land at Rs. 76/- per square ft. This way, in case of Patta No. 38 Rs. 3,03,400/-, Patta No. 39 Rs. 7,58,500/-, Patta No. 40 Rs. 3,79,250/-, Patta No. 41 Rs. 3,79,250/- and Patta No. 42 Rs. 7.58.500/-, in total Rs. 25.78.900/- were less recovered. Thus, a huge financial loss was caused to the State Government. The sale of plots has been cancelled by the Collector, Sirohi exercising his revisional power under Section 97 of the Rajasthan Panchayat Act, 1994, in short "the Act of 1994".