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2011 Supreme(Raj) 2589

RAJASTHAN HIGH COURT
Nisha Gupta, J.
Dhanna Lal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition Nos. 1278, 702, 631, 797 of 2011.
Decided On : 10-10-2011

For the Petitioners:M.S. Singhvi, Senior Advocate with Vineet Dave and Vineet Jain, Advocates.
For the State: Chandra Lekha, Public Prosecutor.

Headnote:Criminal Procedure Code, 1973 – S. 482 Petition to quash the F.I.R. – Offence under – S. 13(1)(d) read with 13(2) of Prevention of Corruption Act and – S. 420, 467, 468, 471/120 – B Indian Penal Code – the issuance of 51 sandstone quarry licences was under allegations, the state Govt. has not shown any objection regarding loss of revenue. The registration of N.O.C was not necessary and the stamp duty was not chargeable. It was contended that the state government issued excess land and faced a material loss. There were not any provision which provides for surrender of excess land and allegation made regarding making false documents. Accordingly the petition allowed and it was observed that continuance of F.I.R was be unjustified in law.

JUDGMENT

1. - These revision petitions have been filed under Section 482, Cr.P.C. for quashing of F.I.R. No. 78/2000 of Police Station C.P.S. Anti-Corruption Bureau, Jaipur Lodge against the present petitioners for the offences under Sections 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for Short the PC Act") and Sections 420, 467, 468, 471/120- B I.P.C. Since in all these revision petitions common question is involved, therefore, they are being disposed of by this common order.

2. The short facts of the case are, impugned F.I.R. was lodged with the allegations that according to the preliminary enquiry, 51 Sandstone quarry licenses have been issued to the petitioners. At the relevant time, petitioner Fateh Karan was the Mining Engineer and petitioner Dhanna Lal was holding the post of Lower Division Clerk at Bijoliya District Bhilwara. Along with the application for issuing of quarry License, No Objection Certificates (consent letter) were also filed which should have been registered and on account of non-registration of consent letter, revenue loss has been caused to the State of Government and, as the same time, it has also been alleged in the F.I.R. that excess land in the tune of 73 bighas and 15 biswas have not been surrendered and as such, a material loss has been caused to the State Government. Heard learned counsel for the parties.

3. The main contentions of the present petitioners are that the impugned F.I.R. is gross abuse of process of law. The sanction for the offences under the Prevention of Corruption Act, 1988 has been refused by the competent authority and hence no proceedings could be initiated for the offence under Section 13 of the PC Act. It has been further submitted that undertaking has been taken from the petitioners that if the said document is found to be registrable, the same shall be got registered after payment of necessary duty, therefore, the interest of the Government has been secured. There is no provisions in any of the connected law and Sandstone policy to surrender the excess land.

4. The learned counsel for the petitioners has also submitted that there is no legal requirement to file no Objection Certificate and he has taken me to Section 89 of the Land Revenue Act, 1956, which reads as follows :

"89. Right of Minerals, mines quarries and fisheries.-The right to all minerals, mines and quarries and to all fisheries, navigation and irrigation in and from, a river shall vest in the State Government shall have all powers necessary for the enjoyment of such a right.

(2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purpose subsidiary thereto, including the erection of offices, women's dwelling and machinery, the staking of minerals and deposit of refuse, the construction of roads, railways or tram lines, and any other purpose which the State Government may declare to be subsidiary to mining and quarrying.

(3) If the State Government has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub- sections (1) and (2) should be exercised by such person, the Collector may, by an order in writing, subject to such conditions and reservations as he may prescribe, delegate such powers to the person to whom the right has been assigned :

Provided that no such delegation shall be made until notice has been duly served on all persons having rights in the land effected and their objection have been heard and considered.

(4) If, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, the State Government or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall be calcul


















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