CHITTARANJAN SAHAY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. case No. 28 of 2000 (Special Case No. 15 of 2000) registered under Ss. 423, 424, 467, 468, 469, 471, 477A, 409, 120(B) and 109 of the Indian Penal Code and also under Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act against the petitioner and others.

(2.) The case of the prosecution as has been made out in the F.I.R is that the land measuring an area 9.34 acres appertaining to plot Nos. 24, 25, 26, 27 and 28 of khata No. 37, situated at Mauza Gari, within the urban area of Ranchi was belonging to Tulsidas Kanodia against whom a proceeding under the Land Ceiling Act was initiated in which proceeding part of the land of plot No. 26 as well as plot Nos. 27 and 28 measuring an area 31239.68 sq. meter was declared surplus under Sec. 10(1) of the Act which was notified on 24.10.1986. Before that Tulsidas Kanodia got 10 kathas land of plot No. 28 sold to Smt. Durga Devi through holder of power of attorney. Smt. Durga Devi, in turn, sold the said land to Smt. Sushila Devi, Smt. Saroj Devi Jhunjhunwala and Smt. Chanda Devi on 9.12.1985.

(3.) Likewise Tulsidas Kanodia sold some land of plot No. 27 on 2.4.1982 to Smt. Usha Devi Narsaria and Bir Kumar Jain. Thereupon the then Circle Officer, Narayan Murti on the recommendation of the then Circle Inspector mutated the land in their names. In course of time, Smt. Usha Devi Narsaria sold the said land on 19.2.1989 to Sajjan Kumar Agrawal. The said land was mutated in his name by the Circle Officer on the recommendation made by the then Circle Inspector on the basis of report submitted by this petitioner being Karamchari.