SUDHIR PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioner for quashing the entire criminal proceeding of Patna Sadar Vigilance P. S. case No. 29 of 2000 registered under Sections 420, 467, 468, 469, 471, 477-A, 109, 201 read with Sec. 120(B) of the Indian Penal Code and also under Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act.

(2.) The facts leading to this case are that in the year 1987, one R. M. Tigga and others being occupancy raiyats of the land filed an application under Sec. 49(2) of the Chota Nagpur Tenancy Act, 1908 (hereinafter referred to as 'the Act') before the Deputy Commissioner, Ranchi for according permission to them to transfer the lands, bearing plot Nos. 636, 637 and 638 pertaining to Khata No. 102, measuring an area of 71 acres situated at Mauza Hinoo to Mahavir Sahkari Grih Nirman Samiti, Dhurwa, Ranchi, a registered Co-operative Society. On the said application, a case was registered as Land Permission Case No. 9 of 1987-88. Similarly, Hardugan Munda and 9 others also filed an application for according permission to transfer the lands, bearing plot Nos. 635, 647 and 650, appertaining to Khata No. 57 and also plot No. 648 appertaining to Khata No. 174, measuring total area of 1.67 acres to the said Co-operative Society. On that application, Land Permission Case No.10 of 1987-88 was registered. Upon hearing, the then Deputy Commissioner. Ranchi, Sri B. K. Sinha refused to grant permission to transfer the aforesaid lands to the Co-operative Society as according to him the purpose for which land has been sought to be transferred to Co-operative Society for constructing building, cannot be said to be reasonable and sufficient purpose. However, the said order was challenged before the Commissioner, Ranchi by way of appeal being Misc. Revenue Appeal No. 307 of 1987. While hearing the said appeal, the following question was formulated:

(3.) While dealing with the issue, learned Commissioner did observe that though certain purposes have been specified in the Act under which permission can be granted for transfer but there could be other purposes also not mentioned in the Act under which Deputy Commissioner can grant permission provided he finds the purpose to be reasonable and sufficient. Therefore, the case was remanded, vide its order dated 14.12.1987 to the Deputy Commissioner, Ranchi to consider the case afresh as to whether or not construction of the houses/building is a reasonable activity taking into account that in the past there have been several instances of according permission of transferring the land to the Co-operative Societies for the construction of the building and that in the area, several colonies have come up and also the fact that whether sufficient land would be left with the transferors and that the rate negotiated is reasonable and also to ensure genuineness of the claim of the Cooperative Society of having land for the purpose of constructing building. Thereupon, the cases which had been remanded before the Deputy Commissioner for its consideration in the light of the observation made by the learned Commissioner, could not be taken up by the then Deputy Commissioner for couple of years. However, on 16.11.1990 raiyats, who were seeking permission filed an application before the Deputy Commissioner, Ranchi on which date the petitioner was holding the office of the Deputy Commissioner, to the effect that the land for which permission has been sought to be transferred is not cultivable, rather it is a 'tarnd' land and as such they are not getting benefit out of it and, hence, they want to dispose it of so that money could be utilised for constructing/repairing of their houses. Therefore, the prayer was made to grant permission as in the past permissions have been accorded to the raiyats for transferring their lands to the Co-operative Societies. Thereupon the matter was taken up for hearing by the petitioner, being the then Deputy Commissioner, Ranchi.