Heard learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance.

2. This application has been filed for quashing of the order dated 31.8.2002 passed in Vigilance case no.51 of 2002 (Special Case No.59 of 2002) whereby and whereunder cognizance of the offences punishable under Sections 420, 467, 468, 469, 471, 120(B), 201, 423, 424,477 of the Indian Penal Code and also under Section 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner.

3. It is the case of the prosecution that when it was detected that the Government lands are being transferred and are being mutated in the name of private person, a case was registered wherein it was alleged that one Jagarnath Singh had purchased a land measuring 21.50 acres. He filed an application before the Circle Officer, Kanke for opening Jamabandi in his name. Upon it Circle Officer as well as Deputy Collector Land Reforms, Ranchi made recommendation for opening of Jamabandi . The petitioner, who at the relevant point of time was S.D..O accorded its approval and thereby it was alleged that the petitioner in connivance with others committed offence of forgery and as well as cheating.

4. Learned counsel appearing for the petitioner submits that the land bearing plot no.3399 measuring an area of 23.50 acres was recorded in the last Revisional Survey Record of Right as Gairmajrua Malik Land of ex-landlord Thakur Mahendra Nath Shahdeo of Jariya Garh estate. The ex-landlord settled the entire land by Sada Hukumnama on 20.2.1944 to one Shankar Mahto @ Shiv Shankar Mahto and put the settlee in khas possession of the land and also issued rent receipt to him. The settlee Shankar Mahto @ Shiv Shankar Mahto was a settled raiyat of the village and hence, by virtue of settlement, he acquired occupancy right over the said plot. The ex-landlord filed return of the land in which settlee Shanka Mahto had also been shown as raiyat.

5. It was further submitted that the settlee Shankar Mahto was recognized as raiyat by the State of Bihar and hence, Jamabandi was opened in his name. The said settlee Shankar Mahto remained in possession of the land without any intervention till 1962. On 7.11.1962 the original settlee transferred 21.50 acres of land out of 23.50 acres to different persons through registered sale deeds. Subsequently those purchasers transferees sold the land on 18.2.1964 by Jagarnath Singh through four sale deeds. Jagarnath Singh having purchased the land filed an application before the circle Officer, Kanke for mutating his name against the land which he had purchased. Upon it Mutation Case No.38(1)/R/27/1983-84 was registered. After due enquiry, the Circle Officer sent a report to the Land Reforms Deputy Collector, Ranchi, who made recommendation for mutating the name of Jagarnath Singh. When the record was sent to this petitioner for passing necessary order, the petitioner acting upon such recommendation passed an order for mutating the land in the name of Jagarnath Singh and thereby the petitioner did not commit any illegality. Under the circumstances, question of committing offence of misappropriation, forgery or even under Section 13(1)(d) of the Prevention of Corruption Act does not arise. Still the court took cognizance of the offences as aforesaid which is quite illegal.

6. Mr.Verma, learned counsel appearing for the Vigilance submits that it is true that the land which were recorded as Gairmajrua Malik Land belonged to the ex-landlord, who had transferred the land to four different purchasers but among them, Shankar Mahto was never there, still Shankar Mahto was recognized as raiyat by the State of Bihar and Jamabandi was opened in his name and therefore, any transfer made by Shankar Mahto in the name of subsequent transferee was illegal and thereby this petitioner committed illegality by passing the order mutating the name of Jagarnath Singh against the land in question.

7. The question does ar