H P KINDO Vs. STATE OF C G
HIGH COURT OF CHHATTISGARH
H P Kindo
State Of C G
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SATISH K.AGNIHOTRI, J. -
(1.) THE present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (herein after referred to as "Cr.P.C") for quashing
charge sheet dated 31-01-2004 for prosecution of the applicant filed in the
Court of Special Judge, Durg on 03-02-2004 for the offences punishable
under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988
and under Section 120-B of the Indian Penal Code, 1860 filed by the
respondent No.3/Anti Corruption Bureau, Raipur.
(2.) UNDISPUTED facts in this case are as under : The competent authority, Durg under the Madhya Pradesh Ceiling on
Agricultural Holdings Act, 1960 (herein after referred to as "the Ceiling Act")
initiated the proceedings against one Dinesh Prasad Agrawal in case No. 869/A-1991 (B)(iii)/74-75 to determine surplus land under the provisions of
the Ceiling Act. During enquiry, it was discovered from the return submitted
by the holder of the land that on cut off date i.e. 15-11-1961, the holders of
the land had certain piece land in Tehsil Baloda Bazar, District Raipur also
in addition to the holding of the land in District Durg. Under Section 2(e) of
the Ceiling Act, the competent authority in respect of the land holder whose
entire land is situated in more than one district, the Commissioner/Additional
Commissioner of the Revenue Division was notified as competent authority.
In the present case since the land holder was having land in more than two
districts, the Commissioner/Additional Commissioner, Raipur was notified
as the competent authority. Accordingly, the said ceiling case was transferred
from the Court of Sub Divisional Officer, Durg to that of the Additional
Commissioner, Raipur and the case was renumbered as Ceiling Case No. 376 & 370-B/90 (3) 74-75 & 75-76. The Additional Commissioner, Raipur
vide his Order dated 09-11-1984 declared 306.70 acres of land as surplus
against the land holder Shri Dinesh Prasad Agrawal. The holder Shri Dinesh
Prasad Agrawal preferred an appeal before the Board of Revenue, Gwalior
(MR), the same was registered as Appeal No. 4 & 6-7/85 and the appeal
was dismissed on 09-07-1985.
Shri Dinesh Prasad Agrawal filed a Civil Suit in the Court of Second Civil Judge Class-I, Durg for declaration and perpetual injunction on 20-10-
1985 challenging the order of Additional Commissioner, Raipur passed on 09-11-1984 whereby 306.70 acres of land was declared surplus land under the Ceiling Act as without having jurisdiction. The said Civil Suit was
registered as Civil Suit No.05-A of 1985. Shri Dinesh Prasad Agrawal also
filed an application for grant of temporary injunction under Order 39 Rule 1
& 2 of the Code of Civil Procedure, 1908.
(3.) THE Collector, Durg appointed the sub Divisional Officer, Durg as Officer Incharge for the Civil Suit in anticipation of the approval by the State
Government. Shri D.P. Gupta was then posted as Sub Divisional Officer,
Durg. Shri Bhanwar Lal Jain, Government Advocate was appointed as counsel
by the Collector stating that the copy of the reply be sent to the Office of the
Collector so that the same can be forwarded to the State Government. Shri
B.L. Jain the then Government Advocate filed a reply to the application under
Order 39 Rule 1 & 2 of the Code of Civil Procedure duly supported by an
affidavit of the then Officer Incharge Shri D.P. Gupta. Shri D.P. Gupta was
transferred and left Office of the Sub Divisional Officer, Durg in September
1986. The present applicant Shri H.P. Kindo joined as sub Divisional Officer, Durg in September 1986 and continued in the office till 20th June, 1989.;
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