ARJUN ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned senior counsel appearing for the petitioner and learned counsel appearing for the Vigilance. This application has been filed for quashing of the order rioted 15/02/2010, passed in Vigilance Case No. 51 of 2002 (Special Case No. 59 of 2002) whereby and whereunder cognizance of the offences punishable under Sections 420, 467, 468, 469, 471, 120(B), 201, 423, 424, 477 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner.

(2.) It is the case of the prosecution that when it was detected that the Government lands are being transferred and are being mutated in the name of private person, a case was registered wherein it was alleged that one Jagarnath Singh had purchased a land measuring 21.50 acres. Having purchased that land, he filed an application before Arjun Roy (c) Arjun Ram, the then Circle Officer, Kanke for opening Jamabandi in his name. Upon it, the Circle Officer as well as Deputy Collector Land Reforms, Ranchi, made recommendation for opening of Jamabandi and on such recommendation, the then S.D.O. accorded its approval and, thereby, it has been alleged that the petitioner in connivance with other accused persons including D.C.L.R. and S.D.O. committed offence of forgery as well as cheating.

(3.) Mr. Roy, learned senior counsel appearing for the petitioner submits that the land bearing plot No. 3399 measuring an area of 23.50 acres was recorded in the last Revisional Survey Record of Right as Gairmajurwa Malik Land of Ex-landlord Thakur Mahendra Nath Shahdeo of Jariya Garh Estate. The Ex-landlord settled the entire land by Sada Hukumnama on 20.2.1944 to one Shankar Mahto @ Shiv Shankar Mahto and put the settlee in khas possession of the land and also issued rent receipt in his favour. The settlee Shankar Mahto @ Shiv Shankar Mahto was a settled raiyat of the village and hence, by virtue of settlement, he acquired occupancy right over the said plot. The Ex-landlord had even filed return of the land in which settlee Shankar Mahto had also been shown as raiyat.