Crl. Misc. No. M- 26938 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 26938 of 2010 (O&M) Date of Decision: September 14, 2010 Satpal Singh ........Petitioner Versus The State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. A.K. Khunger, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.147 dated 25.7.2010, under Sections 420/465/467/468/471/120-B of Indian Penal Code registered at Police Station Sadar Fazilka, Tehsil Fazilka, District Ferozepur. The contents of the FIR as reproduced in para 1 of the petition read as under :- “..............From Rajiv Prasher, PCS, Sub Disivional Magistrate, Fazilka. To Sh. Bhagwant Singh, IAS, Deputy Commissioner, Ferozepur. No.1665/SDC-3 dated 26.11.07. Subject : Complaint against Shri Satpal Singh Patwari Halqa Hasta Kalan, Tehsil Fazilka, District Ferozepur regarding tempering with the record and changing the ownership of land from Punjab and Central Government in the name of some private persons in a wrong manner. Memo. Reference Crl. Misc. No. M- 26938 of 2010 (O&M) 2 your office letter No.3093/Complaint/PPK dated 6.9.07, letter No.3145/Complaint/PPK dated 10.9.07, Endst. No.3154/Complaint/PPK dated 10.9.07, Endst. No.3713 Complaint/PPK dated 25.10.07, Endst. No.3712/Comp./PPK dated 25.10.07. Regarding the above mentioned it is requested that six complaints mentioned in the letters under reference are on the same subject. After perusal of all the complaints under reference, it has come to light that in all the six complaints they have leveled the allegation against Shri Satpal Singh Patwari by misusing his post and in connivance with other persons has changed the ownership of the land from the name of Punjab and Central Government to the names of the private persons in a wrongful manner while preparing the jamabandi for the year 2004-05. the Patwari has changed the ownership of the land without any order of the higher officer or without any Registered sale deed or conveyance deed and without depositing any amount towards the cost of the land in an wrongful way and the persons in whose favour the said land has been transferred, have obtained loan on the said land from different banks. In this way, the Patwari has disposed of hundreds acres of land which was under the ownership of the Government. Viewing the seriousness of the complaint, the Circle Revenue Officer of Village Hasta Kalan (Naib Tehsildar Fazilka) was deputed to investigate the whole record of Village Hasta Kalan and to submit his report regarding this scandal. The Naib Tehsildar Crl. Misc. No. M- 26938 of 2010 (O&M) 3 vide his report dated 31.10.2007 (which is enclosed in original) informed this office that at the time of preparing the jamabandi for the year 2004-05, Patwari Halqa Satpal Singh has transferred about 120 Acres of land in the names of private persons. Report of the Naib Tehsildar dated 31.10.2007 and copies of the jamabandies received alongwith the report fro page 1 to 310 are also sent herewith and it is submitted that the allegations leveled in all the complaints have been proved to be true. The Patwari Halqa in connivance with private persons has changed the ownership of 120 acres of land of the Government in the names of private persons which in itself is a very big scandal. In this big scandal, the connivance of the then Kanugo and officers of the bank cannot be ruled out because most of the loans on this land have been given by the Primary Cooperative Agricultural Bank, Fazilka. Therefore, the statements of the Bank and its LBO by calling them were recorded and oral enquiry has also been made. During the course of enquiry, the Bank Officers could not give nay satisfactory explanation to the undersigned on the basis of which the Bank Officer or the officials cannot be given clean chit because I have made enquiries by calling them the Bank Manager and Field Officer of the Primary Cooperative Agricultural Bank and they have admitted before me that they have not made any investigation of the record of the Patwari before advancing the loan of the concerned Crl. Misc. No. M- 26938 of 2010 (O&M) 4 landowners. Shri Vinod Kumar Field officer has not inspected the spot in separately in each case. Had enquiries been made regarding the record of the mortgaged land before advancing the loans, then this scandal would have come to light much earlier. In this situation, the involvement of the bank employees cannot be ruled out. Thus the entire case be handed over to the police and action against erring Government officials and against those private persons who are the beneficiaries and got the ownership of the Government land changed in their names and got loan from the Nank is recommended to be taken. Sd/- Sub Divisional Magistrate, Fazilka. Signed in English. Encl. Report of Naib Tehsildar No.300 dated 31.10.2007 alongwith page No.1 to 310”. After hearing the learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out. The allegations levelled against the petitioner are serious in nature. The land which belong to the Punjab and Central Government has been changed to the name of some private persons. The said persons then took loan from the Banks. The custodial interrogation of the petitioner might be required. Dismissed. (SABINA) September 14, 2010 JUDGE Anand