The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 288 of 2023 Hema Prasad, aged about 45 years, W/o- Shri Ravishankar Prasad, presently posted as Dist. Land Acquisition Officer, Giridih, R/o- Giridih P.O & P.S.- Giridih, District- Giridih (Jharkhand). ..... … Petitioner Versus 1. The State of Jharkhand. 2. Secretary, Personnel Administrative Reform and Rajbhasa Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi, Jharkhand. 3. Secretary, Cabinet Secretariat, and Vigilance Department (Vigilance), Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand. 4. Director General of Police, Anti-Corruption Bureau, Government of Jharkhand, P.O.- GPO, P.S. Sadar, District-Ranchi. 5. Superintendent of Police, Jamtara, PO. GPO, PS- Kotwali, District- Jamtara, Jharkhand. -------- ..... … Respondents CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner ------ : : : ------ 10/ 03.09.2024 Heard learned counsel appearing for the petitioner and Mr. Saurabh Shekhar, Advocate. Mr. Anurag Kumar, Advocate. Mr. Deepankar, A.C. to G.A.-III. For the State learned counsel for the State. 2. Prayer in this petition is made for quashing of the entire criminal proceedings, arising out of Mihijam P.S. Case No. 47 of 2016 corresponding to G.R. No. 535 of 2016, registered for the offences under Sections 420, 406, 409, 468, 471, 120-B of the Indian Penal Code, pending in the court of learned SDJM, Jamtara. Further prayer is made for quashing of the entire criminal proceeding in connection with ACB Dumka P.S. Case No. 02 of 2023. 3.
Legal Reasoning
The FIR was lodged by the informant namely Sukhdeo Ray, against several persons including the present petitioner. The -1- W.P.(Cr.) No. 288 of 2023 complainant is resident of JB Raiyat of Mouza Kangoi, PS.- Mihijam, Dist.- Jamtara and complainant is social worker. The accused Nirmal Mistri and Ajit Singh @ Bappi Singh both of village- Kangoi, P.S.- Mihijam have formed a group for illegal transfer of Jamabandi land by disclosing the saleable land by means of forged documents since some time past in collusion with the other accused persons 3,4,5,6 who are the Government Officers and they have blindly given reports in favour of the said land Mafiyas without consultation of the Khatiyan or record of rights. In this connection it is alleged that AKJ No.24 of Mouza Butberia has been recorded in the name of Ram Majee and others during the last survey settlement having a total area of 38.12 acres in the Khatian as Mokrari Raiyat which come under the category of Jamabandi land as per Gantzers report published in the year 1932 to 1935 as Para 51. The Accused No.1 Nirmal Mistri obtained a fake deed of Power of Attorney from District Sub Registration office Jamtara in his favour to transfer the said entire land of AKJ No. 24 of Mouza Butberia and said Power of Attorney being registered illegally by registered office Jamtara which has been registered as Deed no.6 in Book which incorporated in Book No.1, Vol. No. IV. Page 137 to 164 and another Deed being No.5 of the year 2014 which incorporated in Book IV Vol. I Page 27 to 54 and by the help of said forged power of Attorney the accused Nirmal Mistri and Ajit Singh @ Bappa Singh contract with different persons for selling of different parties of land out of Khatian No.24 by misrepresenting the self as the owner of said land and the Government Officer Accused No. 3 to 6 have illegally passed in collusion with Accused No.3,4,5,6 when the matter are suggest of the knowledge of the Press and in city front of Dainik Bhaskar on 09.02.16 a detail report was -2- W.P.(Cr.) No. 288 of 2023 expressed by the Press and on the basis of the said report of Newspaper the Officers are making enquiry and found that by illegal and fraudulent means the above land out of Khatian no.24 of Mouza Butberia have been transferred by Nirmal Mistri and he has earned crores of rupees by illegally transferring the land by way of Sale Deed. Thereafter C.O. Jamtara submitted another report to SDO Jamtara for eviction of these persons from the said land as because the land is not transferable in nature and C.O. has submitted his report vide Letter No.20, dt. 10.03.16 that 310 persons have illegally obtained the land by virtue of forged passed the said land as saleable in nature and in this way entire land of jote No. 24 of Mouza Butberia was transferred in the name of different persons from time to time and a list of said transferred is annexed herewith in this complaint Petition as Annexure 1. The petitioner obtained c/copy of the sale Deed being No. 156 dt.12.3.2014 from Sub Registry Office and found that Plot No. 89/D. 84/C, 87/A of Mouza Butheria appt. to Khatian No. 24 was sold in favour of accused Sumant Kumar by illegal means and accused Deshbandhu Layek Mukesh Kumar has signed in said Deed as witness. When the matter brought to knowledge of complainant and other person they have been informed the matter to D.C. Jamtara, Hon'ble Commissioner Dumka, SDO Jamtara and other Higher Officers with a request to make an enquire regarding that matter as huge quantity of land illegally registered at Jamtara Sub-Registry Office Power of Attorney and submitted a list of persons who have obtained the land by way of illegal sale and prayed for eviction of the persons and order by learned SDO by order dt.10.3.16 started R.E. Case No.20/15-16 against the said 310 persons which is pending for hearing before the Court of SDO Jamatara. That SDO -3- W.P.(Cr.) No. 288 of 2023 proceeding is submitted by complainant as Annexure II. From earlier report and present report submitted in R.E. Case no.20/15-16 apparently show the officer are involved in this case and they have with some malafide intention pass the Sale Deed of 310 persons for transferred of purely Jamabandi land for which they have been gained for some amount from Nirmal Mistri and Ajit Singh which subject be verified and accused person may prosecuted under the law. Accused No. 1 and 2 has produced the fraud General Power of Attorney before the Sub Registry Officer, Jamara without verification the Accused No. 3,4,5 and 6 have passed the illegal Deed of Sale for their personal benefit after keeping the law of the District. The complainant is here with filing forged Deed of Sale being No. 156 dt.12.3.2014, as Annexure-III. The complainant is filing an application before the Mahamahim Rajyapal of Jharkhand and other official for illegal transfer the JB land which is filed herewith as Annexure IV. As such, the accused persons have committed an offence us 420,406,409,468, 471,120- B IPC and they may be put to trial. 4.
Legal Reasoning
Mr. Saurabh Shekhar, learned counsel appearing for the petitioner submits that the petitioner was appointed by letter dated 01.07.2006, on the post of CO at Hiranpur, in the District of Pakur after duly qualifying and on getting selected in the State Public Service Examinations. He submits that the petitioner was posted as District Land Acquisition Officer, Giridih at the time of filing of this petition. He further submits that when she was serving as Circle Officer, Jamtara, and it was during her tenure i.e. on 09.12.2013, that one application was preferred by one Shesh Nath Manjhi S/o Dharni Dhar Manjhi of Butberia village before the learned District Sub-Registrar- cum- L.R.D.C., Jamtara seeking permission to transfer the landed property at Mouza Butberia, Khatiyan-24, Survey Settlement in the -4- W.P.(Cr.) No. 288 of 2023 name of Ram Manjhi Digar, in the district of Jamtara, which is contained in Annexure-3. He then submits that pursuant to the said complaint, the District Sub-Registrar-cum- L.R.D.C., Jamtara has requested to Circle Officer, who is the petitioner to enquire and disclose as to whether the land is transferable and registerable or not and the said communication was made vide Sub-Registrar-cum-LR.D.C's office letter dated 12.12.2013 addressed to the present petitioner, which is contained in Annxure-4. 5. Learned counsel submits that the petitioner, being the Circle Officer, has called upon the Revenue Karamchari under her to submit a detailed inquiry report in relation to the land in question and the said Revenue Karamchari submitted his report in relation to Khata No.24 that the land is transferable, but at the same time, he crossed the registrable part and put his signature. He further disclosed that the said land is 'Mokarari Satwa’, and was recorded in the name of Mokrari Raiyat Ram Manjhi Digar in the survey settlement. The report was submitted by the Revenue Karamchari on 21.12.2013 and the said report was duly inspected by Circle Inspector and was forwarded to the present petitioner i.e. Circle Officer, Jamtara on 25.12.2013. He submits that on the basis of the above report, the Circle Officer, Jamtara replied to the District Sub-Registrar-cum-L.R.D.C., in reference to the query which was made on 12.12.2013, about the nature of land of Khatiyan 24, Mouza Butberia, District- Jamtara. He further submits that the petitioner specifically mentioned that she has gone through the Register- II records, and found mutation case no. 59/1990-91, wherein the said land was recorded in the name of one Ms. Anjani Fero Alloy. In that, it was also disclosed that in the year 2004, Deputy Commissioner had directed that 25% of the surcharge of land revenue rent shall be deposited as factory surcharge. In the said report, the petitioner has further recorded that the land though is transferable, but she has -5- W.P.(Cr.) No. 288 of 2023 particularly crossed any option of the land being registerable and has certified it, contained in Annexure-6 and 6/1. He submits that the District Sub-Registrar-cum- L.R.D.C. did not act upon the advice and the information provided by the present petitioner, rather the authority moved on the basis of what she could understand from the record on his independent evaluation of records and it was registered in the name of the person, on whose instance all these exercises have been done and sale deed was executed on 08.01.2014, contained in Annexure-7. He submits that the petitioner was communicated by letter dated 15.12.2015, under the signature of Under Secretary to the Land Reforms Department, Government of Jharkhand, disclosing that the letter dated 02.11.2015 has been received from Sukhdeo Roy, Raj Kumar Roy and others of village Mahijam Butberiya, in relation to the sale and purchase of Mukrari Raiyati Land and for that the inquiry was initiated in the first hand, as a result of the complaint made by the some private individuals. He further submits that on 01.02.2016, on the recommendation of Additional Collector, Jamtara, vide his letter dated 15.12.2015, one preliminary show cause was served upon the present petitioner, under the signature of Deputy Commissioner, Jamtara, which is contained in Annexure-9 and the petitioner has duly replied to the said preliminary show cause on 01.02.2016, however, the authorities were not satisfied with the reply submitted by the petitioner and the petitioner has been served with ‘Prapatra Ka’ mentioning the allegations against the petitioner for the period she served as Circle Officer, Jamtara, in relation to the information and report submitted by her to the District Sub-Registrar- cum-L.R.D.C., vide her letter dated 08.01.2014, wherein she had disclosed the nature of land to be 'Mokrari' and at the same time had said that the land is transferable, but not registerable. He further submits that the petitioner has objected the said ‘Prapatra Ka’ before the Secretary Department of Personal, -6- W.P.(Cr.) No. 288 of 2023 Administrative Reforms & Rajbhasa and Secretary of Department of Revenue and Land Reforms and Registration, Government of Jharkhand, by way of filing objection petition. 6. Learned counsel further submits that the said objections were sent to Deputy Commissioner, Jamtara for enquiry and necessary action. Pursuant thereto the Deputy Commissioner, Jamtara has been pleased to constitute a committee, consisting of three members consisting of Project Director ITDA, Jamtara, SDO, Jamtara and Deputy Development Commissioner, Jamtara, wherein the Deputy Development Commissioner was the Chairman of the said committee to submit a report on the aforementioned incident and allegations made against the present petitioner. The constituted committee inspected the allegations made out against the present petitioner, as also the reply submitted by her on 11.06.2016 and submitted a report on 20.10.2016. He submits that in the report submitted by the Three Men Committee, it was intimated to the Deputy Commissioner that on the wrong intention, the said report was not provided by the petitioner and the said report has been accepted by the Deputy Commissioner. He further submits that the said report was forwarded to the Deputy Secretary, Personnel, Administrative Reforms and Rajbhasha Department and the Deputy Secretary, Revenue Department, Government of Jharkhand by the letter dated 20.10.2016 by the Deputy Commissioner, which is contained in Annexure-14. The acceptance of the Deputy Commissioner was placed before the Divisional Commissioner, Santhal Pargana, Dumka, who has also accepted the same on 02.11.2017. He further submits that for the same charge, a departmental proceeding was also initiated, wherein it has been found that the said mistake was not intentional and it was only error on duty and the integrity was said to be intact in the departmental proceeding. However, the minor punishment of stoppage of two increments with non-cumulative effect has been imposed. Pursuant to -7- W.P.(Cr.) No. 288 of 2023 that the said file has been placed before the Departmental Minister, who happened to be the Chief Minister of the State, wherein the said Departmental Minster has agreed to the findings. He submits that now by the letter dated 14.12.2022, contained in Annexure-2, the ACB has been requested to register the case against the petitioner and others and now the ACB has already registered the case being ACB Dumka P.S. Case No. 02 of 2023. He submits that on these backgrounds, the registration of the further case by the ACB, that too after acceptance of the report in favour of the petitioner, is an arbitrary action and will amount to an abuse of the process of law and the petitioner will suffer irreparable loss. He further submits that the case of the petitioner is fully covered in light of the judgment of the Hon’ble Supreme Court in the case of State of Haryana and others V. Bhajan Lal and others” reported in 1992 Supp. (1) SCC 335. 7. Per contra, Mr. Deepankar, learned counsel appearing for the respondents-State does not dispute with regard to the admitted position up to acceptance of the Hon’ble Departmental Minister, however, he submits that it transpires that something has come further and in view of that the ACB has registered the case against the petitioner and others. In view of that, he submits that the entire criminal proceedings may not be quashed, as some others including several officials have been implicated in the case. 8. In view of the above submissions of the learned counsel appearing for the parties, the court has gone through the materials on record and finds that the admittedly on the application of one Shesh Nath Manjhi on 09.12.2023, the District Sub-Registrar-cum- L.R.D.C., Jamtara has requested the petitioner to enquire and report about the nature of the land and pursuant to that the petitioner has entrusted the Revenue Karamchari and the Circle Inspector to submit a report. The report was submitted saying the land in question is not registerable, -8- W.P.(Cr.) No. 288 of 2023 however, it is transferable and the nature of the land was reported as Mokarari and thereafter the District Sub-Registrar-cum- L.R.D.C. has registered the sale deed showing the nature of land as Basauri. When the petitioner was also show caused, the petitioner has filed the reply to the show cause and the said objection was forwarded by the concerned department to the Deputy Commissioner, Jamtara to make an inquiry. Pursuant to that, three men committee was constituted, headed by the Deputy Development Commissioner and the inquiry report was submitted contained in Annexure-13. In the said inquiry report of the three men committee, it has come that with wrong intention, the report was not made by the petitioner and the said report, the petitioner has disclosed that the land in question is transferable, but not registerable. The said report was placed before the Deputy Commissioner, which was accepted by the Deputy Commissioner, which is contained in Annexure-14 and the said acceptance was placed before the Divisional Commissioner, Santhal Pargana, Dumka, who also accepted the same by way of Annexure-15. It is an admitted position that in the departmental proceeding, the finding is there against the petitioner only to the effect that it is error on duty and it has been disclosed that the integrity of the petitioner is intact. The said aspect has also been considered by the higher authorities as well the departmental minister, who was the Chief Minister at that time, contained in Annexure-22 and departmental minister has approved the punishment of withholding of two increments with non-cumulative effect and the integrity part was also further considered in the said order and the departmental minister has also accepted that it was an error on duty and that’s why the minor punishment was passed against the petitioner. 9. In these backgrounds, when on an elaborate inquiry, department as well as Minister has found that the petitioner’s integrity was intact and there is only error on duty and further referring the -9- W.P.(Cr.) No. 288 of 2023 matter to the ACB and registration of the FIR, appears to be very harsh so far as the petitioner is concerned. As such, to allow the proceeding to continue against the petitioner will amount to an abuse of the process of law, as in the departmental proceeding, the petitioner’s integrity has already been found intact and only error on duty was found and for that minor punishment was imposed upon the petitioner. 10. Accordingly, the entire criminal proceedings, arising out of Mihijam P.S. Case No. 47 of 2016 corresponding to G.R. No. 535 of 2016, registered for the offences under Sections 420, 406, 409, 468, 471, 120-B of the Indian Penal Code, pending in the court of learned SDJM, Jamtara as well as ACB Dumka P.S. Case No. 02 of 2023, registered pursuant to the further direction, so far as this petitioner is concerned, are hereby, quashed. 11. It is made clear that this court has not interfered with the entire criminal proceedings so far as other accused persons are concerned and the inquiry will proceed in accordance with law. 12.
Decision
This petition is allowed in the above terms and disposed of as such. Amitesh/- [AFR] (Sanjay Kumar Dwivedi, J.) -10- W.P.(Cr.) No. 288 of 2023