OM PRAKASH Vs. MADAN LAL SIHAG & ORS.

JUDGEMENT

(1.) The instant revision petition has been filed by Om Prakash S/o Shri Rekha Ram, resident of village Jetsasar, Tehsil Sri Dungargarh, District Bikaner against the order dated 10.7.2013 passed by the learned Judge, Anti Corruption Cases, Bikaner (hereinafter referred to as the learned trial court for short) in Prevention of Corruption Case No.44/2013 whereby the learned trial court has dismissed the complaint.

(2.) Brief facts of the case are that the petitioner-complainant filed a complaint before the Court of Anti Corruption Cases, Bikaner alleging therein that he is resident of village Jetsar and respondents nos.1 to 4 are the Government officials, so also, the accused-respondents nos. 6 to 8 are the private persons, who are Land Mafiyas. The allegation is that accused persons are indulged in grabbing the land and in the year 2011, the complainant purchased the land from Mohan Lal S/o Dula Ram in Khasra No.633 ad measuring 6.3 hectare in which Mohan Lal was having the share of 17.26 bighas of land.

(3.) The contention of the complainant was that since purchasing of the plot he is in possession and a mutation was also entered in his name and near Khasra No.633 where the land is situated, the remaining 4.31 hectare of land is belonging to other Khatedars namely Jai Chand S/o Dula Ram, brother of Mohan Lal from whom the petitioner purchased the land. It is also submitted that on other land one Amari Devi and Vidhya Devi have half share each but the total land has not been divided in between them. Meaning thereby they are all joint khatedars of the land but they are having their separate possession. The complainant stated in his complaint that accuses nos. 6 yo 8 are land Mafiyas having relation with the revenue officials and employees, therefore, by illegal means they made influence over the Government officials to grab the property of the persons and to build a colony on the said land respondents nos. 6 to 8 purchased the part of the property in Khasra No.633, therefore, the complaint was made b the petitioner to the Teshildar-respondent no.2 on 4.2.2013 in which it is stated by him that sale deed should not be registered, however, the application was taken by the Teshildar and assured him that he will look into the matter but no action was taken by the respondent no.2, therefore, under the apprehension that the respondents will get the document registered, an application under Sec. 202 of the Rajasthan Tenancy Act was filed before the Sub-Divisional Officer, Sri Dungargarh (hereinafter referred to as the SDO for short) with the request that the respondents be directed not to make any sale, mortgage or transfer the property by any means. The prayer was made before the SDO, Sri Dungargarh for granting temporary injunction, but the SDO deliberately registered the said complaint on 6.2.2013 and granted temporary injunction in favour of the petitioner but on 13.2.2013, the entire formalities were completed and amended temporary injunction order was passed.