Filing an FIR based on an order that has been stayed constitutes an abuse of process of law; courts must ensure legal frameworks are respected in determining ownership rights in disputed properties.

JUDGMENT :

J.C. DOSHI, J.

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside FIR being C.R.No. – 11191048212154 registered with Sarkhej Police Station for the offences punishable under Sections 6D of the Gujarat Prohibition of Transfer of Movable Property and provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act , 1991 (in short “Act of 1991) as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

2. Brief facts of the case are as under:-

2.1 The complainant is a businessman as well as a visiting faculty at a college. He independently and exclusively owned a plot of land with an area of 8030 sq.m., bearing Survey No. 43/1/P/1, located at Mouje Okhaf Sim, Taluka-City, District- Ahmedabad (in short “disputed land”). The aforementioned land was registered in the name of Harish Ambalal Sheth – father of the complainant. After death of Harishbhai on 07/01/2006, complainant’s name was legally entered into the revenue records of the disputed land vide entry no. 2586 dated 19/06/2007 and since then, the complainant is the legal owner of this land.

2.2 The disputed land was illegally occupied by the petitioner and though the land was falling under a residential zone of Zone-1, he has illegally constructed godowns of "Sheetal Estate" and has been generating financial gain by selling and renting them out. He has also built a mosque on the front portion of the land. Therefore, a complaint is filed with the District Collector, Ahmedabad city in this regard under the Gujarat Land Grabbing (Prohibition) Act, 2020, being S. R. No. 02/2021. Based on the order dated 12/01/2021 from the Member Secretary, District Land Grabbing (Prohibition) Committee and Resident Additional Collector, Ahmedabad, vide letter no. CB/ LANDGRABBING/COMMITTEE MEETING/01/2021, wherein order was passed to register a crime, therefore, the complainant had filed a complaint at Sarkhej Police Station.

2.3 In the meantime, the complainant came to know that the disputed land falls under a "Disturbed Area" and though the petitioner had no legal rights or share in it, without obtaining prior permission from the District Collector for the transfer or change of possession, which is mandatory for disturbed area, he illegally executed rental and other agreements concerning disputed land. Therefore, the complainant filed an application under the Disturbed Areas Act with the District Collector, Ahmedabad, vide Ashant Dhara Case No. 31/2018. During the hearing of this application, the District Collector ruled that since the Respondent – petitioner herein had violated the provisions of Section 5 of the Disturbed Areas Act and taken possession of the disputed property, the applicant – original complainant herein can initiate criminal proceedings against him under Section 9(A) and based on that order, the complainant has filed impugned FIR.

2.4 To quash the impugned FIR, present petition is filed.

3. Heard learned Senior counsel Mr. Mihir Joshi assisted by learned advocate Mr. Isa Hakim for the petitioner, learned advocate Mr. Nirav Thakkar for the private respondent and learned APP Mr. Soham Joshi for the respondent State.

4. Seeking quashment of the impugned FIR, learned Senior counsel Mr. Joshi would submit that base for filing the impugned FIR is order dated 21.10.2019 passed by the City Deputy Collector, Ahmedabad (West) in CDC(5)/Ashant dharo Case No.312018 (Annexure H). He would further submit that order dated 21.10.2019 passed by the City Deputy Collector was unsuccessfully carried to chall