Raghuvendra S. Rathore, J.

In a matter relating to public land worth crores of rupees, the petitioner has preferred this writ petition with the prayer that investigation be conducted by the Central Bureau of Investigation so that fair and proper investigation is made and action be taken against the real culprits, in accordance to law.

2. The land involved is Plot No.1-6 in Bani Park Scheme 'E', Tehsil Jaipur, measuring 9396 sq. yards. In October 1946, the Government had decided to allot the land on lease basis to one Jagan Prasad of Ajmer for establishing an ice factory. According to the petitioner, the lease deed could not be executed. As per law, the land could not be transferred or alienated in any manner. But subsequently Shri Jagan Prasad relinquished his interest in favour of Kali Charan and Banshidhar on 04.11.1949. The partnership which came into existence had different constituents from time to time because old partners were retiring and new came to be inducted. In M/s. Agrawal Ice Factory, initially there were six partners, (1) Sugni Chand, (2) Kastoor Chand Khaitan, (3) Suresh Chand, (4) Jawahar Lal, (5) Sharmila Ahuja and (6) Amar Lal. Later, on 20.02.1997, eight new partners joined the Agrawal Ice Factor, namely (1) Shailendra Garg, (2) Rajnesh Garg, (3) Vijay Mehta, (4) Suchish Shukla, (5) Ramesh Sukhani, (6) Vikram Sukhani, (7) Kamla Sukhani and (8) Raj Kumar Bhatia. Thereafter, two old partners Kastoor Chand Khaitan and Sugni Chand retired. Similarly, at a later point of time, old partners Suresh Chand, Jawahar Lal, Sharmila Ahuja and Amar Lal retired on 26.09.1997. In the result eight partners, who joined on 20.02.1997, named above, remained. Ultimately with change of partnership, which was designed by one Bhimsen Garg and his family members along with Manager Vijay Mehta, led to purchase of the land by Bhimsen Garg, after keeping his family members and Manager Vijay Mehta, in front.

Subsequently, Shailendra Garg son of Bhimsen Garg, Vijay Mehta and Suchish Shukla planned out 33 residential plots of various sizes on the land. The plots were then sold out to Bhimsen Garg (father of Shailendra Garg), Manju Garg (Mother of Shailendra Garg and wife of Bhimsen Garg), Shivani Garg (Sister of Shailendre Garg) and other employees of Bhimsen Garg. The payments were received by cheques and deposited in the account of Agrawal Ice Factory. Later on, the amount was transferred in the account of Shailendra Garg. Shri Shailendra Garg transferred these plots which were on the land belonging to him. The market value of the land in Bani Park, when the plots were sold in 1998, was approximately Rs.20,000/- per square meter.

3. When it came to the knowledge of the then Commissioner, Jaipur Municipal Corporation (Vidhyadhar Nagar Zone), he took up the matter and it was on his instructions that a first information report (58/2002) was lodged on 17.05.2002 at Police Station Bani Park, Jaipur against Bhimsen Garg and other family members. After occupying the Government land, Shri Bhimsen Garg tried to get it regularized through Samjhota Samiti before which he had submitted an application. The petitioner, on having come to know about it, submitted a detail representation to the Chairman, State Level Settlement Committee (Samjhota Samiti) on 25.06.2002 informing that a criminal case in respect of the land is already pending and as such regularization may not be done. Thereafter, the petitioner appeared before the said Committee on 07.09.2002, in response to the summons issued to him. Other representations were submitted on 24.09.2002 and 24.10.2002. However, the Samjhota Samiti could not pass any final order as the functioning of the said Samiti was stopped by the High Court in a writ petition which was filed by the petitioner against the illegal activities of the Samiti.

A representation was submitted by the petitioner to the Deputy Inspector General of Police, Jaipur Range, Jaipur on 13.11.2002 requesting him for a fair investig