- (1.) This application has been filed for quashing of the entire criminal proceeding including the order dated 25.10.2011 passed by the Special Judge, C.B.I, Ranchi in R.C. case no.03(A) of 2011-R whereby and whereunder the court took cognizance of the offences punishable under Section 120B read with Section 420 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 as well as under Section 52/55 of the Jharkhand Regional Development Authority Act, 2001.
(2.) Before adverting to the submissions advanced on behalf of the parties, the facts of the case which have given rise to this application is that one Babu Satish Chandra Ghosh acquired approximately 2 bighas of land in Mouza Chadri situated on the north of Line Tank by virtue of a Hukumnama dated 17.4.1912 executed by Babu Kali Shankar Sahay and others. Thereupon Babu Satish Chandra Ghosh became a raiyat of the land and came in possession thereof on payment of rent to the ex-landlord. Upon the death of Babu Satish Chandra Ghosh, his only son Khitish Chandra Ghosh inherited the said property. Meanwhile, the land was recorded in the name of Ranchi Municipality and taking advantage of it the Municipality started disturbing the peaceful possession of Khatish Chandra Ghosh over the said land which led to a proceeding under Section 145 of the Code of Criminal Procedure which was decided in favour of the Municipality. In that event, Khitish Chandra Ghosh instituted a Title Suit bearing no.57 of 1957 for declaration of right, title and interest and recovery of possession of the land bearing Municipal Survey Plot No.1736. The said suit was contested by Ranchi Municipality. However, it was decreed in favour of the plaintiff.
(3.) Being aggrieved with the decree, Ranchi Municipality preferred Title Appeal No.30 of 1960 which was dismissed with costs. Against the said judgment, Second Appeal was preferred before the Patna High Court which was remanded before the lower appellate court for fresh decision. Upon remand the appellate court reversed the judgment and dismissed the suit. Being aggrieved with that order, the plaintiff preferred Second Appeal bearing no.733 of 1967 before the Patna High Court which was dismissed vide judgment dated 30.9.1970. Against that judgment, the plaintiff preferred Civil Appeal No.1034 of 1971 before the Hon'ble Supreme Court. The Hon'ble Supreme Court, vide its judgment dated 6.2.1981 set aside the judgment passed by the Patna High Court and decreed the suit and thereby the judgment and decree passed by the Special Subordinate Judge, Ranchi in Title Suit No.57 of 1957 as well as by the appellate court affirming the decree was restored. Pursuant to that, delivery of possession over the land measuring 0.425 acres appertaining to plot no.1736 was effected in favour of Khitish Chandra Ghosh. In spite of that, Ranchi Municipal Corporation invited tenders for grant of settlement of the land bearing plot no.1736 which was challenged before the High Court in C.W.J.C.No.1279 of 2001. This Court vide order dated 27.11.2001 did find the action of Ranchi Municipal Corporation to be illegal and thereby restrained Ranchi Municipal Corporation from interfering with the right, title, interest and possession of the petitioners. Upon the death of Khitish Chandra Ghosh, heirs of Khitish Chandra Ghosh inherited the property, who sold the land measuring 0.425 acres (42.5 decimals) appertaining to Municipal Survey Plot No.1736 vide sale deed dated 17.5.2002 to M/s. Binay Prakash (HUF) who came in possession over the land. However, Ranchi Municipal Corporation again started disturbing peaceful possession of him over plot no.1736 and 1735 which led to filing of writ application, vide W.P.(C) No.4163 of 2003 in which interim order was passed on 4.9.2003 whereby Ranchi Municipal Corporation was restrained from evicting the petitioners from the land bearing plot no. 1735. However this Court without going into the merit of the claim of the parties dismissed the writ application giving liberty to the petitioners to get the dispute settled by the civil court of competent jurisdiction. In the year 2006, Ranchi Municipal Corporation again started disturbing peaceful possession of the land for which another writ application being W.P.(C) No.2259 of 2006 was filed whereby an interim order was passed on 27.7.2006 to the effect that no coercive step shall be taken against the writ petitioners. The said writ application was disposed of on 1.2.2011.;