RAJMANI TRIPATHI Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-5-3
HIGH COURT OF HIMACHAL PRADESH
Decided on May 07,1997

RAJMANI TRIPATHI Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents




JUDGEMENT

Surinder Sarup, J. - (1.)By this order I propose to dispose of the above mentioned four petitions all of which have been filed under Section 482. Cr. P.C. For quashing F.I.R. Nos. 2.3,4 and 5/92 registered at Thana A.C.Z. Una. The facts giving rise to all these four petitions are that FIR No. 2/92 dated 4-3-1992 under Sections 218, 420, 120-B, IPC. Sections 11 and 13 of Prevention of Surinder Sarup, J. - By this order I propose to dispose of the above mentioned four petitions all of which have been filed under Section 482. Cr. P.C. For quashing F.I.R. Nos. 2.3,4 and 5/92 registered at Thana A.C.Z. Una. The facts giving rise to all these four petitions are that FIR No. 2/92 dated 4-3-1992 under Sections 218, 420, 120-B, IPC. Sections 11 and 13 of Prevention of Corruption Act. Sections 81, 82 of Indian Registration Act and Section 64 of Indian Stamp Act were registered against the petitioner which reads as under: As per letter No. 1293 dated 3-3-1992 from the I. G. Police. Vigilance and Employment. H.P. received through Head Constable Ram Kumar enclosed therewith a Vigilance Report No. ACD/No. 1161 lAS- 1/91 dated 29-11-1991 against Sh. Rajmani Tripathi. former Deputy Commissioner, Una, the investigation file is annexed and registering a case against the accused has been ordered. As per the investigation report Shri Rajmani Tripathi who is at present posted as Joint Secretary (Revenue). H.P. Shimla was posted as Deputy Commissioner. Una from Oct. 1986 to November, 1990. As he had no issue he had adopted km. Pushp. daughter-of his elder brother Sh.Sheshmani Trigunayat son of Shri Ram. Brahmin resident of Mahapur, P.O. Bhanwarpura, Tehsil Machhishahar, District Jaunpur, U.P. and married her to shri Shyam Sunder Sharma son of Shri Hako Ram Sharma resident of Gugalahar (Una) in the year 1989. After marriage the girl was named as Smt. Gita Sharma, During his tenure as D.C. Una, Shri Rajmani Tripathi, purchased land in the name of his daughter, Pushp, Smt. Gita Sharma, vide Registry No. 286. dated 5-7-1990 situated in Village Nangal Khurdm Sub Tehsil Haroli District Unam from the owners Ajit Singh, Malkiat Singh son of Mangal Singh and Smt. Shashi Kanta daughter of Mangal Singh Vahati, resident of Lalahadi comprised in Khasra No. 2374, measuring 38K-18M and Khasra Nos. 2375 and 2892 measuring 17K-19M totaling 56K-17M for only Rs. 8.000/- in a Benami transaction. The mutation for the sale deed was entered on 26-7-1990 vide No. 3636 i.e. on the very next day by taking special care and interest although under the Revenue Rules it was required to be done in public. This deed and mutation was accepted and entered by the then Naib Tehsildar, Sub Tehsil Haroli, (Una) Sh. Durga Dutt Sharma. In these proceedings. Smt. Gita Sharma was not present in person. On the other hand one Sh. Harbans Singh son of Hakam Singh, an employee of Sub Tehsil, Haroli appeared on her behalf. On the Registry only Rs. 640/- worth of stamp were affixed. According to the Five Years average at that time the rate of the land in the said village was Rs. 2696.20 only Calculating at this average rate for 56K-17M the cost comes to Rs. 1,53,278.97 only. At this cost the stamp fee 8% and registration fee 2% comes to Rs. 12,246.27 plus Rs. 902/- totaling Rs. 13,148.97 was pay-able to the State Government. But Sh. Rajmani Tripathi. Deputy Commissioner, Shri Durga Dutt Sharma, Sub Registrar, Haroli by misusing their posts and powers acted against the provisions of the Indian Registration Act and the Indian Stamps Act and by entering into conspiracy have caused undue loss to the Government and had for themselves gained an undue benefit. In this deal an undue loss of about Rs. 12,508.97 has been caused to the Government as stamp fee. This 56 K-17M land was purchased for Rs. 8,000/ only i.e. at the rate of Rs. 140/- per Kanal. Also by not evaluating the land at the five years aver-age but at a lesser rate Sh. Rajmani Tripathi and Smt. Gita Sharma by entering into a conspiracy have thus cheated and gained undue benefit to the tune of Rs. 1,45,278/ - only. According to the seller, Sh. Ajit Singh, he sold this land to sh. Rajmani Tripathi the then Deputy Commissioner, Una for Rs. 35.000/- It was also found that this land is being looked after by Shri Rajmani Tripathi and the seller know Smt. Gita Sharma. Shri Rajmani Tripathi, lAS and the then Naib Tehsildar Sh. Durga Dutta Sharma. Sub Tehsil. Haroli, have committed the offence under Sections 11, 13 of Prevention of Corruption. Act, 1988. Sections 218, 420, 120-B of I.P.C. Sections 81 & 82 of Indian Registration Act and Section 64 of the Indian Stamps Act and Smt. Gita Sharma, wife of Shyam Sunder Sharma committed the offence under Sections 420, 120-B of I.P.C. The four copies of the FIR have been prepared and are being sent to the officers etc Sdl - Chain Singh Inspector.
(2.)Similarly. FIR No. 3192 dated 4-3-1992 under Sections 218,420,120-B of I.P.C., Sections 11 & 13 of Prevention of Corruption Act, 1988. Sections 81, 82 of the Indian Registration Act and Section 64 of the Indian Stamp Act was registered against the petitioner which reads as under: As per letter No. 1293 dated 3-3-1992. I.G. Police, Vigilance 2. Employment. H.P. Shimla, received through Head Constable Ram Kumar vide letter No. ACD/NA-116 IAS-1/91 dated 29-11-1991 against Sh. Rajmani Tripathi, former D.C. Una as per investigation the and interim report which is attached in which registration of a case against the accused has been ordered. As per the investigation report Sh. Rajmani Tripathi, I.A.S. who is at present posted as Joint Secretary (Revenue), H.P. Shimla had remained posted as District Collector. Una from Oct. 1986 to Nov. 1990. As he was is useless he adopted Km. Pushp daughter of his real elder brother. Sh. Sheshmani Trigunayat son of Shri Sri Ram, Brahmin, resident of Mahapur, P.O. Bhanwarpur. Tehsil Machhishahar, District Jaunpur, U.P. and married her to Sh. Shyam Sunder Sharma son of Shri Hako Ram Sharma, resident of Gugalahar (UNA). After marriage she was named as Smt. Gita Sharma. In his tenure as D.C. vide Registry No. 534 dated 28-11-1989 bought the land of Zamidar Shri Joginder Singh son of Hira Nand Rajaput resident of Village Nagal Khurd, Sub Tehsil Haroli. District Una, comprised in Khasra No. 2373, measuring 78K-09M for only for Rs. 9,000/- in the name of this Gita Sharma and the Mutation No. 3565 of 6-12-1989 for this transfer was accepted within one week by taking special care and interest at Sub Tehsil Haroli which was against the revenue procedure. One Shri Vipan Kumar son of Sh. Kishan Chand, resident of Una. who is a deed- writer by profession at Sub Tehsil, Haroli appeared on behalf of Smt. Gita Sharma at both the above mentioned proceedings. On the above said registry only Rs. 720/- was affixed as stamp fee. At that time the five years average of the land in that village was Rs. 2,696.20 per Kanal and was Rs. 1.34.81 per Maria. At this rate the value of land measuring 78K-09M comes to Rs. 2,11,516.89 on which the stamp fee 8% payable cOllies to Rs. 16,821.31 and registration fee @ 2% comes to Rs. 1,839/- only. But only Rs. 720/- has been paid as stamp fee. Thus, in this transaction the State Government has been made to suffer a loss of Rs. 17,940.31 and has thus himself taken the benefit. In this transaction, 5h. Rajmani Tripathi, by his influence as D.C., Una, has misused his powers by buying 78K-09M land for only Rs. 9,000/- i.e., at the rate of Rs. 115/- per Kanal approximately and by undervaluing the land at the five years average rate has given undue benefit of about Rs. 2,02,516 to himself and his brotherTs daughter. It is impossible to get land Rs. 115/- per Kanal at a place like Una. It has also been found that the said land is being looked after the accounts of produce are being kept by Sh. Rajmani Tripathi. In this cheating was the result of a conspiracy in which Sh. Tripathi, the then Naib Tehsildar, Hardoli Sh. Durga Dutt Sharma, purchaser Smt. Gita Sharma seller Sh. Joginder Singh are involved. Sh. Tripathi and Sh. Durga Dutt by misusing their posts and powers have committed the offence under Sections 11 & 13 of the Prevention of Corruption Act, 1988 and also Sections 218, 420, 120-B of I.P.C. and also under Sections 81, 82 of the Indian Registration Act, Section 64 of the Indian Stamps Act. Also Smt. Gita Sharma and Joginder Singh have committed the offence under Sections 420, 120-B, IPC, 81, 82 of Indian Registration Act. Section 64 of Indian Stamps Act. Four copies of the FIR have been prepared and are being sent to the officers and are also being entered in the register Sd/ - Chain Singh. Inspector, Una. 4-3-1992.
(3.)Similarly, FIR No. 4/92 dated 4-3-1992 under Sections 218, 420, 120-B of IPC, Sections 11,13 of Prevention of Corruption Act, 1988 was registered against the petitioner, which reads as under: As per letter No. 1293, dated 3-3-1992, I.G. Police Vigilance-Employment, H.P. Shimla, received through Head Constable Ram Kumar bearing Enquiry No. ACD/ NR116/IAS-l/91 dated 29-11 1991 against Sh. Rajmani Tripathi, former Deputy Commissioner, Una alongwith the Investigation file and the interim report attached therewith, wherein registration of a case against the accused has been ordered. It has been found on investigation that Shri Rajmani Tripathi lAS who is at present working as Joint Secretary (Revenue), H.P. Shimla, had remained posted as Deputy Commissioner, Una from October, 1986 to November, 1990. One Joginder Singh S/c Hira Nand, resident of Village Nangal Khurd, Tehsil Haroli made an application, dated Nil, in his office for exchange of his land comprised in Khasra Nos. 2514. 2938. 3044 and 653, measuring 6.2K-12M situated at Village Nangal Khurd. Sub Tehsil Haroll, District Una, because he is not able to look after his land. The above said application was sent on 23-1-1990 by Sh. Rajmani Tripathi under his orders to the Naib Tehsildat, Haroli, Shri Durga Dutt Sharma, who in turn sent the same for required report to the Field Kannugo Sh. Mansa Ram without conducting any proceedings at the venue said in their report that the property of Sh. Jaginder Singh is valued higher and had no trees on it and they were in favour of the exchange of the said land. Similarly. Sh. Durga Dutt Sharma, Naib Tehsildar in his letter No. 563/Reader dated 31-5-1990 recommended to the Collector, Una that land of Joginder Singh was valued at, 124-314 Annas. The GovernmentTs land had valued at 62-114 Annas and the land has no trees on it. There is no loss to the Government in the above said ex-change. Sh. Durga Dutt Sharma also made the recommendations without visiting the site. On the file Patwari Han Dass in the office of Collector made note on 5-6-1990 that according to the instructions of tile Government letter No. 9- 13/71 Rev. B. dated 24-8-1987 a ban has been imposed on exchange. Inspite of this, the then Collector Una Sh. Rajmanl Tripathi by him order dated 7- 11-1990 sanctioned the said exchange. The exchange came to the knowledge of the residents at the time of mutation on which Sh. Raghbir Singh son of Sadhu Ram, resident of Nangal Khurd applied for a review of the Mutation No. 3649 dated 31-1-1991. On his application, the present District Collector asked for the report of the Tehsildar. The Tehsildar, after investigation of the land, reported on 9-7-1991 that the land of Joginder Singh is classified as Khal & Mer whereas Government land is classified as Shamlat Deh Charaul on which there are hundreds of trees of different types and on this land village tenants have right of passage, grazing, burial place and PWD road etc. By this exchange Joginder Singh has gained immensely and the Government has suffered a loss. The residents of the village and the Panchayat also opposed this exchange. This exchange was done with special interest and promptness because Sh. Rajmani Dipathi had bought from Sh. Joginder Singh, in Benami, for his daughter, Pushp, Smt. Gita Sharma the land measuring 78K-9M comprised in Khasra No. 2373 situated in Deh Nangal Khurd for Rs. 9,000/- only i.e., at the rate of Rs. 115, per Kanal on 28-11-1989. In this deal Sh. Rajmani Tripathi by undervaluing the land has taken the undue benefit of lakhs of rupees. Under this obligation Sh. Rajmani Tripathi has unduly benefitted Sh. Joginder Singh by this exchange, Sh. Rajmani Tripathi has done this exchange after the order of his transfer had been published by exerting undue influence and taking special interest. In the cheating and conspiracy Sh. Rajmani Tripathi, Sh. Durga Dutta Sharma. Naib Tehsildar, Haroli, Field Kanungo, Mansa Ram, Patwari, Nangal Khurd Arvind Kumar and Surinderpal Singh by misusing their posts and powers have caused the Government an undue loss and given Joginder Singh an undue benefit and have thus committed an offence u/Sections 11, 13 of the Prevention of Corruption Act, 1988, Sections 218, 420, 120-B, IPC and Joginder Singh son of Hira Nand has committed an offence u/Sections 420, 120-B. IPC as co-accused. Thus the present FIR is being written in four carbon copies Sd/ - Chain Singh, Inspector. TI


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