Gujarat High Court
The Uber Waghari Samudayik Kheti ... vs State Of Gujarat & on 30 September, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/2629/2010 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 2629 of 2010
With
SPECIAL CRIMINAL APPLICATION NO. 2630 of 2010
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THE UBER WAGHARI SAMUDAYIK KHETI SAHAKARI MANDALI LTD -
THRO & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR P P MAJMUDAR, ADVOCATE for the Applicant(s) No. 1 - 2
MR SP MAJMUDAR, ADVOCATE for the Applicant(s) No. 1 - 2
MS HANSA PUNANI, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 30/09/2015
ORAL ORDER
1. Since the issues involved in both the captioned applications are more or less the same those were heard analogously and are being disposed of by this common order.
2. Rule returnable forthwith. Ms. Punani, the learned APP, waives service of notice of rule for Page 1 of 6 HC-NIC Page 1 of 6 Created On Sun Oct 04 01:37:39 IST 2015 R/SCR.A/2629/2010 ORDER and on behalf of the respondent No.1.
3. By these writapplications, the applicants pray for quashing of two First Information Reports being C.R. No. I50/2010 registered with the Vedach Police Station, District: Bharuch and C.R. No. I49/2010 registered with the same Police Station for the offence punishable under Sections 406, 409 and 120B of the Indian Penal Code.
4. It appears from the materials on record that the Cooperation Officer serving with the Office of the District Registrar, Cooperative Society lodged two First Information Reports referred to above, against the applicants, in connection with sale of two parcels of land which were allotted by the State Government many years back on certain terms and conditions. The applicant No.1 is a Cooperative Society registered under the Cooperative Societies Act. The applicant No.2 is the Secretary of the said Society. The case of Page 2 of 6 HC-NIC Page 2 of 6 Created On Sun Oct 04 01:37:39 IST 2015 R/SCR.A/2629/2010 ORDER the respondent No.2original first informant is that although the Society was not supposed to sell the land which was allotted by the Government subject to certain terms and conditions, yet behind the back of the State Government the land being new tenure was sold to a company viz. M/s. Sterling Erection and Infrastructure Private Limited by way of a sale deed for a total sale consideration of Rs. 51 lac. On such allegations, the FIR was registered. It appears that on 30th April, 2012 the following order was passed: "Heard the learned counsels for the parties. In both petitions, learned counsel for the petitioners submits that, by order dated 26.2.2010 passed by the Deputy Collector, Bharuch, the land did vest into the Government and, subsequently, by executing a deed, entries came to be reversed.
Considering the above, Rule.
Interim relief in terms of paragraph 21[B] in both petitions."
5. It is not in dispute that the Deputy Collector, Bharuch vide order dated 26th February, Page 3 of 6 HC-NIC Page 3 of 6 Created On Sun Oct 04 01:37:39 IST 2015 R/SCR.A/2629/2010 ORDER 2010, cancelled the allotment of land in question and the same after forfeiture got vested into the Government. It is also not in dispute that the entries which were mutated pursuant to the transactions between the Society and the Company were ordered to be deleted and the name of the State Government has been mutated in the record of rights. It is also not in dispute that later on, the entire sale transaction was reversed and the Society paid a total sum of Rs. 71,10,000/ to the Company who had purchased the land.
6. Thus, it appears that the entire transaction was set at naught. The parcels of land are in possession of the State Government as noted above. The monetary advantage, which was derived by the petitioners, i.e. the Society, has been paid back to the Company. It appears that the Company had purchased the parcels of land for a total sale consideration of Rs.51 lac, but when the transaction was reversed, the Society paid the total amount of Rs.71,10,000/. It is pointed Page 4 of 6 HC-NIC Page 4 of 6 Created On Sun Oct 04 01:37:39 IST 2015 R/SCR.A/2629/2010 ORDER out by the learned advocate that by way of two deeds of cancellation of sale, Rs.57 lac and Rs.71 lac respectively has been paid back to the Company.
7. In the aforesaid background, I am of the view that the proceedings could be terminated.
8. In the result these applications are allowed. Both the First Information Report being C.R. No. I50 of 2010 and C.R. No. 49 of 2010 lodged with Vedach Police Station, Bharuch are hereby quashed. All consequential proceedings pursuant to such FIRs stand terminated. Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
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R/SCR.A/2629/2010 ORDER
Manoj
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