Vinod Prasad, J. - (1.) A valid compromise decree in a first appeal passed by a competent court of Additional District Judge nearly about decade before, still in vogue, cannot be nullified by insalubrious malevolence to eliminate political rivals and implicate them in false cases through a poly to gain political mileage, in the sixth round of legal proceedings are some of the vehemently rued contentions by the petitioner Dr. Rita Bahuguna Joshi, an Ex-Mayor of Nagar Mahapalika, (now Nagar Nigam) district Allahabad, who has rushed to this Court, through the instant writ petition, seeking relief that the F.I.R. of Crime Number 4235080015 of 2008, under Sections 120B, 218, 420, 467, 468 and 471, I.P.C. and Section 13/14 of Prevention of Corruption Act, 1988, Police Station Civil Lines, Allahabad be quashed by issuance of a writ of certiorari coupled with a writ of mandamus to the respondents not to arrest the petitioner in the aforesaid crime number.
(2.) THE adumbrated prelude, which was generated this petition lies in the claim of title over a piece of land plot No. 180 situated in Fatehpur Bichhua, Tehsil Chayal (now Tehsil Sadar) district Allahabad having an area of 9 bighas 8 biswas. It transpires that a suit under Section 171 of U. P. Tenancy Act, 1939 was initiated by the State for ejectment of one Kandhai. In the said suit State was the plaintiff. THE said ejectment suit was decreed by Sri J. P. Singhal, Judicial Officer, Chayal, Allahabad vide his judgment and decree dated 31.10.1960. Aggrieved by the said judgment and decree dated 31.10.1960, Appeal No. 73 (Allahabad) of 1960 was preferred before Commissioner, Allahabad Division, Allahabad under Section 271 of the Tenancy Act by Kandhai against State of U. P. and others. THE aforesaid appeal by Kandhai was allowed by Additional Commissioner, Allahabad vide his order dated 13.11.1961 (Annexure-5) who set aside the impugned judgment and decree passed by the Judicial Officer, Chayal, dated 31.10.1960 and dismissed the suit filed by the State plaintiff with cost of both the Courts alongwith and the pleaders fees by recording a finding that the land in question belong to His Highness Maharaja of Jaipur. Relevant portion of the recorded findings by the Additional Commissioner are reproduced below : "THEre is no nazul Register or record to above that this was nazul land and that the State Government had anything to do with this land. Besides, realization of rent by Allahabad corporation will not go to establish that the State Government had anything to do with it as proprietor of the patti. Under the circumstances I am of the view that the plaintiff was not entitled to sue." Besides above finding it was also decided by the Additional Commissioner that in 1367 fasli village Fatehpur Bichhua was bifurcated in 5 patti on the disputed patti 1/1 Maharaja of Jaipur was the proprietor and therefore, the suit for ejectment could have been filed by the Maharaja only. On the basis of possession over the property in question, it seems that, the names of ten persons Jai Narain Singh, Krishna Dev Singh, Narendra Singh, Mahesh Ram, Akhilesh, Nagendra Kumar, Ram Pratap, Shiv Bhushan, Dhara Singh and Raja Ram were mutated and hence second inning of legal battle was generated by one Sri Shiv Mangal resident of 591 Colonel Ganj, Allahabad by applying to the District Magistrate, Allahabad against the said mutation dated 7.4.1979. Under directions of the District Magistrate an inquiry was conducted to verify levelled allegations and the inquiry officer Tehsildar Chayal submitted his report on 26.4.1979 before Sub-Divisional Magistrate, Chayal. In the said report it was mentioned that the disputed land is recorded under category 15, i.e., pond of zamindar and it falls under Khewat Patti No. 1/1 over which the name of Maharaja Jaipur as mamidaran is recorded and in 1979 fasli, on the basis of water chestnut crop shown by the above ten persons that their names were mutated by the concerned Lekhapal. It was also mentioned in the report that in contemporary time no water chestnut crop is shown and city sewage water is being drained in the said plot and moss has grown in it. Sub-Divisional Magistrate, Chayal, on the basis of the said report, initiated a proceeding against above ten persons and after completion of the same, vide his order dated 25.9.1980, recorded the findings, that the land in question is a pond of which Maharaja of Jaipur is the zamindar and on that basis he ordered for scoring out the names of those ten persons and directed that the land be recorded as a pond. The order by Sub-Divisional Magistrate was questioned unsuccessfully in a revision by those ten persons as Additional Commissioner, Allahabad vide his order dated 30.9.1981 dismissed their revision.
(3.) THEREAFTER, a third litigation in the form of original suit being O. S. No. 403 of 1980, was started by Jai Narain Singh and others, above ten persons, as plaintiffs against Nagar Mahapalika, Allahabad (hereinafter referred to as N.M.P.) and Allahabad Development Authority (hereinafter referred to as A.D.A.) through their Administrators as first and second defendants for the relief of permanent injunction seeking relief to injunct the defendants from dumping garbage over plot No. 408/2 having an area of 5 bighas and 10 biswas and not to make any obstruction in collection of water over it nor to change the nature of the plot and not to interfere into plaintiffs peaceful possession and usufruct of the said land in any manner. The plaintiffs in the suit set up the case that the land in question was a pond and plaintiffs were in possession over the said ponds since last 19-20 years in accordance with the orders of the earlier landlord H. H. Maharaja of Jaipur and they grow water chestnut (singhara) in it. They further pleaded that they have obtained a izazatnama dated 31.6.1962 from Maharaja Jaipur. They further claimed that because of scanty rain the aforesaid pond dried in the month of January, February, 1980 and the defendants stated dumping garbage in the said pond. To stop the said unwanted activity of the defendants that the suit was filed by the plaintiffs in the Court of Ist Additional Civil Judge, Allahabad.;