J.B. PARDIWALA, J.

1. As the issues raised in both the captioned writ applications are the same, those were heard analogously and are being disposed of by this common judgment and order.

2. The Special Criminal Application No.895 of 2010 is treated as the lead matter.

3. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;

“(a) To issue a writ of mandamus or any other writ or appropriate order and/or direction, quashing and setting aside the FIR being M. Case No.1 of 2008, the charge sheet filed in the case and the further proceedings thereunder, pending before the Learned Chief Judicial Magistrate, Bhuj qua the petitioner.

(b) Pending admission, final hearing and disposal of this petition, to stay further proceedings arising from FIR being M. Case No.1 of 2008, the charge sheet filed in the case and the further proceedings thereunder, pending before the Learned Chief Judicial Magistrate Bhuj qua the petitioner and pass all other incidental and consequential orders.

(c) To dispense with filing of affidavit as the petitioner is in jail.

(d) To pass any such other and further order as may be deemed fit and proper.”

4. The case put up by the writ applicant, in his own words, as pleaded in the writ application, is as under;

“3.1 That with a view to settle traders who were adversely affected in the earthquake, the State Government, Department of Revenue, vide Resolution dated 03/09/2002 decided to allot land admeasuring about 17 Acre in Bhuj @ Rs.800/per Sq.Mtr. or at a higher rate if such rate is fixed by the District Valuation Committee. The said land was decided to be allotted by the State Government to one Nav Nirman Charitable Trust, Bhuj, which was run and administered by the Grains and Seeds Wholesale Merchants Association for the purpose of fielding the wholesale market. The said resolution also mentions that the price of Rs.800/ is the market price and that the same is allotted subject to 9 conditions mentioned in the resolution dated 03/09/ 2002. A copy of the said Resolution dated 03/09/2002 is annexed hereto and marked as “Annexure-B”.

3.2 The petitioner submits that the petitioner was appointed as Collector, Bhuj after passing of the said Resolution i.e. the petitioner joined as Collector, Bhuj on 28/05/2003 and was transferred on 03/06/2006, during which period the petitioner held the post of Collector, Bhuj. The petitioner submits that thereafter, by another Resolution dated 18/08 2003, the State Government, Revenue Department, decided to allot the said land to the Bhuj Bazar Nav Nirman Charitable Trust @ Rs. 890/- per Sq.Mtr., which was the market price, to be paid in 5 yearly installments of 20% each, without interest. The said resolution also provided that upon payment of 20% i.e. the first installment, the possession was to be handed over to the Trust by the Collector by passing a formal order. It was also stated in the said resolution that if the installments of land are not paid, then the State Government shall be entitled to re-enter the land and take over possession of the land and the super structure. A copy of said Resolution dated 18/08/2003 is annexed hereto and marked as “Annexure-C”.

3.3 The petitioner submits that pursuant to the resolutions at Annexures-B & C, the petitioner passed two formal and conditional orders dated 04/12/2003 & 06/10/2005, when the petitioner was holding the post of Collector, Bhuj. The Nav Nirman Charitable Trust was directed vide condition No.2 to allot the land only to those merchants who are certified by the Collector to be affected by the earthquake and condition No.8 lays down that the Collector was to give a certificate after scrutinizing the material given by the traders. One of the conditions stipulated by the petitioner also states that if there is any violation of any of the conditions,