Crl. Misc. No. M-23658 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-23658 of 2008 Date of decision: 12.09.2008 Virender Singh Malik ....Petitioner V/s State of Haryana ....Respondent. CORAM:HON'BLE MR. JUSTICE A.N. JINDAL Present : Mr. Gaurav Mohunta, Advocate for the petitioner. A.N. JINDAL J. The Petitioner is the Block Development and Panchayat Officer posted at Gurgaon as Assistant Collector, First Grade. He has sought quashing of the FIR No. 285 dated 21.12.2007 under Sections 420,467,468469,120-B IPC and under Section 13 (1) of the Prevention of Corruption Act, 1988 registered at Police Sation Sector 56, Gurgaon along with all other consequential proceedings. The facts in backdrop of the case are that a suit under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961(as applicable to the State of Haryana) was filed on 11.03.1985 by the proprietors in the Court of Assistant Collector, First Grade Gurgaon pertaining to 4703 bighas 15 biswas of Gram Panchayat land situated in village Bandhawari, District Gurgaon on the ground that proprietors from Crl. Misc. No. M-23658 of 2008 2 the very beginning were the owners in cultivating possession of the land as Biswedars and Gram Panchayat has no concern. The said suit was partly decreed by the petitioner vide order dated 09.11.1989 to the effect that out of the total land, 1566 bighas 5 biswas is that of the proprietors while the remaining land was that of Gram Panchayat. The Collector vide his judgment dated 17.11.1989 allowed the appeal and case was remanded back to the Assistant Collector vide order dated 18.12.1991 for fresh decision on merits. The revision petition filed by the petitioner against the order of learned Collector, Gurgaon was dismissed vide order 21.01.1993. since Assistant Collector Ist Grade, Gurgaon had made the illegal transfer of the land therefore present FIR was registered against him and was investigated. During investigation it transpires that as per copy of jamabandi for the year 1984-85 Department of State Affairs, through the Panchayat land of village Bandhawari was in possession. The land in dispute, as per entry of Jamabandi is Gair Mumkin Abadi, Gair Mumkin Nadi, Nala, Pahar and the same was used for public purposes. As a matter of fact, the Assistant Collector 1st Grade, Gurgaon in order to cause loss to the State exercised his powers confirming rights on the private persons. The said act is clear cut flagrant misuse of power. The provision of Section 2(g)–5 had been eliminated through Act No. 9/92 published on 11.2.1992 after which the total area of shamlat deh was to be included in panchayat. Before the elimination of the provision, only 25 percent of the areas was to be included in the panchayat. The petitioner in connivance with other persons of the area transferred the land. Hence in view of this, specific allegations are made, no ground Crl. Misc. No. M-23658 of 2008 3 for quashing the aforesaid FIR and all other consequential proceedings is made out. The petition stands dismissed. However, Superintendent of Police, Gurgaon is directed to examine as to who were the accomplices of the petitioner, investigate the case against them in order to unearth the scandal in which huge area of Gram Panchayat land has been illegally transferred. 12.09.2008 (A.N. JINDAL) Ajay JUDGE