- (1.) BY the Court -Heard learned counsel appearing for the petitioner and learned counsel appearing for the vigilance.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case No. 28 of 2000 (Special Case No. 15 of 2000) including the order dated 26.11.2009 whereby and whereunder cognizance of the offences punishable under Sections 423, 424, 467, 468, 469, 471, 477 -A, 409, 120(B) and 109 of the Indian Penal Code and also under Section 13(l)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner and others. The case of the prosecution as has been made out in the F.I.R is that the land appertaining to plot Nos. 24, 25, 26, 27 and 28 of khata No. 37 measuring an area of 9.34 acres situated at mauza Gari within the urban area of Ranchi was recorded in the name of Tulsidas Kanodia against whom when a proceeding under the Ceiling Act was initiated. he filed statement under Section 6 of the Ceiling Act making declaration of the vacant land which he was holding. In spite of that he through holder of power of attorney got 10 kathas of land of plot No. 28 sold to Durga Devi Kanodia on 2.7.1982 who, Subsequently on 9.12.1985 transferred the said land to Smt. Saroj Devi. Smt. Shashila Devi and Smt. Chanda Devi. When they filed application for mutating their names, this petitioner being Circle Officer, Ranchi, on the basis of the report of the halka karwnchari passed an order on 16.6.1986 mutating their names against the land transferred in their favour. On such allegation, a case was lodged against this petitioner and others on the premise that after coming into force of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act') with effect from 1.4.1976, any person holding excess land than the ceiling limit was not entitled to transfer the land. In spite of that the petitioner in connivance with each other passed an order for mutating the land.
(3.) ON such allegation, a case was registered as Vigilance P.S. Case No. 28 of 2000 under Sections 423, 424, 467, 468, 469, 471, 477 -A, 409, 120(B) and 109 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.;