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1999 DIGILAW 1227 (RAJ)

Ram Swaroop v. State

1999-09-27

G.L.GUPTA

body1999
JUDGMENT 1. - Through this misc. petition, the petitioners seek the a quashment of FIR No. 17/93 of P.S. Hanumangarh Junction registered under section 420 IPC. 2. The FIR was registered on the written report lodged by Sheopat Singh wherein I was stated that the accused named in the FIR, including the petitioners, were allotted 50 bighas of land each by the Collector, Sri Ganganagar vide order dated 14.12.1992 though they were not entitled to the allotment of the land. It was stated that the petitioners were the owners of the thousands of bighas of land and they had sold their lands situate in District Sirsa (Haryana). It was also stated that the petitioners were the owners of the factories and business institutions and they have obtained the allotment of the land on the basis of the false documents pretending that they were landless persons. On this report the investigation started but was stayed by this Court vide order dated 22.7.1993. 3. Mr. Mehta, learned counsel for the petitioners points out that the allotment of the land to the petitioners has been made in compliance of the directions given by the Revenue Courts and this Court in various orders and the FIR has been lodged on unfounded allegations. He points out that it is not the requirement of the law that the persons to whom the land is allotted under the Rajasthan Zamindari and Biswedari Abolition Act, 1959 are landless persons. In any case, he points out, that it is not the case of the first informant that the petitioners owned agricultural land in the State of Rajasthan. He submits that the FIR is mala fide and no offence has been committed by the petitioners when they got the allotment of the land. He prays that the FIR should quashed. 4. The learned Public Prosecutor, on the other hand, submits that there shall be investigation on the allegations stated in the FIR and if it is found that no case is made out, final report shall be submitted. According to him, this Court should not interfere at the stage of investigation. 5. The Rajasthan Zamindari and Biswedari Abolition Act, 1959 came into force vide notification dated 21.10.1959. As a result of the coming into force of the Act, there was abolition of the Zamindari and Biswedari throughout the State of Rajasthan and all the estates stood vested in the State. 5. The Rajasthan Zamindari and Biswedari Abolition Act, 1959 came into force vide notification dated 21.10.1959. As a result of the coming into force of the Act, there was abolition of the Zamindari and Biswedari throughout the State of Rajasthan and all the estates stood vested in the State. At that time in villages Beerwala, Dabli, Badi, Dabli Chhoti, Chhahuwali, and Ramnanagar Bechirag of Hanumangarh Tehsil, there were 22 Biswedars having lands in those villages. Their lands also stood vested as a result of the promulgation of the Act. Section 10 of the Act provided that a Zamindar or Biswedar, who on the date of vesting of his estate in the State Government, does not hold any Khudkast or who on such date holds Khudkast less in area than the area specified in Section 12, may, within six months of the date of such vesting, apply to the Collector for allotment of Khudkast. 6. The petitioners who were Biswedars of the land and whose lands had been vested, made application for allotment of Khudkast land in Form No. 6 of the Rules of 1959 framed under the Act, but because of the stay order passed by the State Government in the year 1962 allotment of the land could not be made to the petitioners. After the stay was vacated in 1980, the applications of the Biswedari whose lands had vested in the State Government were considered by the Dy. Collector (Jagir), Sri Ganganagar, Seven out of 22 Biswedars were allotted land in 1983. It was reported that the applications of 15 Biswedars (petitioners) were not traceable. They, therefore, made fresh applications for the allotment of the land through Mukhtiyar Aam Shri Paras Ram, Shri Devki Nandan. and Shri Jagmohan. Their applications were rejected by the Dy. Collector vide order dated 10.2.1986 on the preliminary ground that they had not put in application in time.The order of the Dy. Collector was challenged before the Revenue Appellate Authority, Bikaner Camp Sri Ganganagar who, vide order dated 22.10.1986, setting aside the order of Dy. Collector held that the petitioners were entitled to the allotment of land to the extent of 50 Bighas per head under sections 11 & 12 of the Act of 1959.The State Government challenged the order dated 22.10.1986 preferring appeals before the Board of Revenue. Vide orders dated 31.1.1989 and 30.3.1989 the appeals were dismissed by the Revenue Board. Collector held that the petitioners were entitled to the allotment of land to the extent of 50 Bighas per head under sections 11 & 12 of the Act of 1959.The State Government challenged the order dated 22.10.1986 preferring appeals before the Board of Revenue. Vide orders dated 31.1.1989 and 30.3.1989 the appeals were dismissed by the Revenue Board. The Revenue Board found that the appeals were time barred. At the same time, the appeals were decided on-merits holding that the petitioners were entitled for allotment of 50 bighas of land per head.As the allotment was not made to the petitioners they filed writ petition in this Court which was accepted by the Division Bench vide order dated 19.7.1991 wherein it was directed that the petitioners be allotted Khudkast land upto 50 bihgas within a period of 12 months.In contempt petition the Revenue Board directed on 6.6.1991 that the petitioners should not be allotted fragmented land.The Dy. Collector (Jagir) vide order dated 26.6.1991 held that he was not competent to effect the allotment because the office of the Dy. Collector, Jagr has been kept in abeyance.The petitioners, therefore, filed writ petitions in September, 1994 for the implementation of the order of allotment. These writ petitions were decided by this Court on 20.1.1992 directing the respondents to make allotment of 50 bighas of Khudkast land to each of the petitioner before 8.4.1992 and also directed that the allotment be made in Chak 2 NWN or within the Tehsil of Tibbi and Hanumangarh. That judgment was challenged by the State of Rajasthan by filing D.B. Special Appeals but the same were dismissed by this Court vide judgment dated 4.8.1992. The SLP taken by the State of Rajasthan against the judgment dated 4.8.1992 was dismissed by the Apex Court on 11.12.1992. The review petition filed before the Supreme Court was also dismissed on 26.11.1993.Thereafter the Collector, Jagir, Sri Ganganagr vide his order dated 14.12.1992 ordered that 50 bighas of irrigated land be allotted to each petitioner whereupon this FIR was lodged by Shri Sheopat Singh. 7. The facts stated above, which are undisputed, make it clear that there was direction not only of the Revenue Board but of this Court which was affirmed by the Apex Court that each of the 11 petitioners were to be allotted 50 Bighas of land in Chak No. 2 NWN or within the Tehsil of Tibi or Hanumangarh. 7. The facts stated above, which are undisputed, make it clear that there was direction not only of the Revenue Board but of this Court which was affirmed by the Apex Court that each of the 11 petitioners were to be allotted 50 Bighas of land in Chak No. 2 NWN or within the Tehsil of Tibi or Hanumangarh. The Collector, Jagir, therefore, had no discretion to refuse the allotment to the petitioners. The allotment was obviously done in compliance of the orders of this Court. There is merit in the contention of Mr. Mehta that the allotment cannot be called in question by the third party i.e. Sheopat Singh on the grounds stated in the first information report. 8. It is significant to point out that for allotment of land under section 11 of the Act of 1959 it was not required to proved by the allot tees that they were landless persons or that they did not have the means of livelihood. The allotment was in lieu of the vesting of their estates on the coming into force of the Rajasthan Zamindari Sr Biswedari Act, 1959. That being so, on the grounds, stated in the FIR, the allotment of land to the petitioners cannot be questioned. It cannot be said that the allotment of the land to the petitioners is against the provisions of law or that the petitioners had cheated the allotting authority by getting allotment in their favour. 9. In view of the facts stated above the allotment in favour of the petitioners do not constitute an offence under section 420 IPC. It is therefore a fit case in which the FIR should be quashed to secure the ends of justice. 10. Consequently, the petition succeeds. The FIR No. 17/93 P.S. Hanumangarh is hereby quashed.Petition allowed. *******