Raghuvendra S. Rathore, J. - (1.) IN a matter relating to public land worth crores of rupees, the petitioner has preferred this writ petition with the prayer that investigation be conducted by the Central Bureau of Investigation so that fair and proper investigation is made and action be taken against the real culprits, in accordance to law.
(2.) THE land involved is Plot No. I -6 in Bani Park Scheme 'E', Tehsil Jaipur, measuring 9396 sq. yards. In October 1946, the Government had decided to allot the land on lease basis to one Jagan Prasad of Ajmer for establishing an ice factory. According to the petitioner, the lease deed could not be executed. As per law, the land could not be transferred or alienated in any manner. But subsequently Shri Jagan Prasad relinquished his interest in favour of Kali Charan and Banshidhar on 04.11.1949. The partnership which came into existence had different constituents from time to time because old partners were retiring and new came to be inducted. In M/s. Agrawal Ice Factory, initially there were six partners, (1) Sugni Chand, (2) Kastoor Chand Khaitan, (3) Suresh Chand, (4) Jawahar Lal, (5) Sharmila Ahuja and (6) Amar Lal. Later, on 20.02.1997, eight new partners joined the Agrawal Ice Factor, namely (1) Shailendra Garg, (2) Rajnesh Garg, (3) Vijay Mehta, (4) Suchish Shukla, (5) Ramesh Sukhani, (6) Vikram Sukhani, (7) Kamla Sukhani and (8) Raj Kumar Bhatia. Thereafter, two old partners Kastoor Chand Khaitan and Sugni Chand retired. Similarly, at a later point of time, old partners Suresh Chand, Jawahar Lal, Sharmila Ahuja and Amar Lal retired on 26.09.1997. In the result eight partners, who joined on 20.02.1997, named above, remained. Ultimately with change of partnership, which was designed by one Bhimsen Garg and his family members alongwith Manager Vijay Mehta, led to purchase of the land by Bhimsen Garg, after keeping his family members and Manager Vijay Mehta, in front. Subsequently, Shailendra Garg son of Bhimsen Garg, Vijay Mehta and Suchish Shukla planned out 33 residential plots of various sizes on the land. The plots were then sold out to Bhimsen Garg (father of Shailendra Garg), Manju Garg (Mother of Shailendra Garg and wife of Bhimsen Garg), Shivani Garg (Sister of Shailendre Garg) and other employees of Bhimsen Garg. The payments were received by cheques and deposited in the account of Agrawal Ice Factory. Later on, the amount was transferred in the account of Shailendra Garg. Shri Shailendra Garg transferred these plots which were on the land belonging to him. The market value of the land in Bani Park, when the plots were sold in 1998, was approximately Rs. 20,000/ - per square meter. When it came to the knowledge of the then Commissioner, Jaipur Municipal Corporation (Vidhyadhar Nagar Zone), he took up the matter and it was on his instructions that a first information report (58/2002) was lodged on 17.05.2002 at Police Station Bani Park, Jaipur against Bhimsen Garg and other family members. After occupying the government land, Shri Bhimsen Garg tried to get it regularised through Samjhota Samiti before which he had submitted an application. The petitioner, on having come to know about it, submitted a detail representation to the Chairman, State Level Settlement Committee (Samjhota Samiti) on 25.06.2002 informing that a criminal case in respect of the land is already pending and as such regularisation may not be done. Thereafter, the petitioner appeared before the said Committee on 07.09.2002, in response to the summons issued to him. Other representations were submitted on 24.09.2002 and 24.10.2002. However, the Samjhota Samiti could not pass any final order as the functioning of the said Samiti was stopped by the High Court in a writ petition which was filed by the petitioner against the illegal activities of the Samiti. A representation was submitted by the petitioner to the Deputy Inspector General of Police, Jaipur Range, Jaipur on 13.11.2002 requesting him for a fair investigation in the case and to take action. To the utter surprise of the petitioner, when he met the police authorities, he was told to bring the original record of the land in question. According to the petitioner, the original record of the property was got misplaced by Shri Bhimsen Garg. The police did not investigate the matter and submitted a final report on the ground of non -availability of the record. The learned ACJM No. 4, Jaipur City had thereafter considered the matter and vide order dated 19.07.2004, returned the final report alongwith record to the police for further investigation in the case. The investigation is still pending with the local police. Hence, the petitioner filed this writ petition seeking direction from this Court that the investigation be done by the Central Bureau of Investigation.
(3.) IT has been submitted by the learned counsel for the petitioner that the decision to allot land on lease basis was subject to the provisions of Revenue Standing Order No. 1. According to clause 23 of the said order, a land could not be transferred or alienated without sanction of the Government. Moreover, when the lease deed was not executed in favour of Jagan Prasad, he had no authority to transfer the same to any other person in the garb of entering into partnership with Kali Charan and Banshidhar in the month of November, 1946. Further, the design of change of partnership, some retiring and new being inducted, was also illegal as being without prior sanction of the Government and Municipality. It has also been submitted by the counsel for the petitioner that the police was neither investigating the matter nor taking action against the culprits because the one involved was an influential person, namely Shri Bhimsen Garg, who was having very thick relationship with the then Chief Minister of Rajasthan Shri Ashok Gehlot. Both were in contact of each other on mobile phone. The petitioner had also represented to the Chief Minister and Chief Secretary for sending the present case for investigation to the Central Bureau of Investigation.;