RAJESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case No. 29 of 2000 registered under Sections 409, 467, 468, 469, 471, 477A, 109, 201 read with Section 120B of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. 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 Section 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 appertaining to khata no. 102, measuring an area of .71 acres situated at Mauza-Hinoo to Mahavir Sahkari Grih Nirman Samiti, Dhurwa, Ranchi, a registered Cooperative 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 1.67 acres to the said Co-operative Society. On that application, Land Permission Case No. 10 of 1987-88 was registered. On filing of such application a report was called for from the concerned Circle Officer with respect to valuation and utility of the land. Pursuant to that, a report was submitted by the concerned C.O. (not the petitioner) putting therein the valuation of the land with a recommendation for according permission to transfer the land under Section 49 of the Act, However, the then D.C., Ranchi refused to grant permission to transfer the aforesaid lands to the Cooperative Society as according to him, the purpose for which the land is 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:--

(2.) 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 purposes. 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 for 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 Co-operative Society of having land for the purpose of constructing building. Meanwhile, raiyats filed an application for having fresh report regarding valuation of the land as the matter had remained pending for last three years and during three years, valuation of the land had been escalated. On such application a fresh report was called for which was submitted by the then Circle Officer, Naresh Kumar, vide its letter no. 150(ii) dated 30.1.1991 whereby valuation of the land was assessed as Rs. 5,000/- per decimal.

(3.) It further appears that raiyats also filed an application stating therein that the lands which are being sought to be transferred are not cultivable, rather it is a 'tand' 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 utilized for constructing/repairing of their houses. Thereupon matter was taken up for hearing by the then Deputy Commissioner, Ranchi, who vide its order dated 2.2.1992 granted permission to the raiyats to transfer the" land to the said Co-operative Society taking into account the fact that the land being 'tand' land is not cultivable and even after transfer of the land to the registered Co-operative Society, the raiyats would be left with the adequate agricultural land and that raiyats have also taken a considerable amount as an advance and that earlier permission has been granted in number of cases where lands were sought to be transferred to the Cooperative Society for the purpose of constructing building. On such fact, the D.C., Ranchi on finding that such transfer would be for reasonable and sufficient purposes granted permission to transfer the land subject to condition that the land would be sold at the rate of Rs. 5,000/- per decimal instead of Rs. 4,000/- per decimal which had been valued by the C.O. (not the petitioner) and that transferor would be using the land only for the purpose for which permission has been given and that none of the members of the Co-operative Society will be having more than 7 decimals of the land and that if the building is not constructed over the land within three years, raiyats would be entitled to have possession back of those lands and last not the least, that the payment be made by having NSS in the name of the raiyats and cash be deposited in the account of the raiyats.