Simply taking advantage of an order of the Additional Director, Consolidation, does not constitute an offense under section 420 of the Indian Penal Code.

T.H.B. Chalapathi, J. - This petition is filed to quash Annexure P-3 and further proceedings on the basis of Annexure P-3. The petitioners got certain land mutated in their favour on the basis of an order passed by the Additional Director, Consolidation dated 27.3.1989 and also the further order dated 24.9.1996. According to Annexure P-3, the land is shamlat land and the consolidation officer has no powers to partition this land in any proceedings under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentations) Act, 1948 and that the order dated 26.9.1996 came to be passed in contravention of the instructions issued by the Punjab Government and the order was passed in connivance with Amrik Singh Additional Director, Consolidation. The petitioners who were the proprietors got the mutation sanctioned in their name on the basis of the order of the Additional Director, Consolidation passed on 27.3.1989. Simply because the petitioners are taking advantage of the orders of Additional Director, Consolidation, it cannot be said that they have committed any offence. If the order of the Additional Director, Consolidation is against law, it is always open to the complainant i.e. the second respondent to have the same set aside. It is also open to the Government or any other person to make a complaint if any case is made out under the Prevention of Corruption Act against the Additional Director and others. Simply because the petitioners got the land mutated in their favour on the basis of the order, they cannot be proceeded for the offence under section 420 of the Indian Penal Code. A reading of Annexure P-3 clearly shows that no offence under section 420/409 Indian Penal Code has been committed by the petitioners. I, therefore, quash the proceedings that are taken in pursuance of Annexure P-3 dated 24.3.1997 against the present petitioners only. However, it is open to the State government or any other person to initiate criminal proceedings if there is material to proceed against the officers of the Consolidation department or any other person on the basis of the material collected by the Vigilance Department, Punjab. It is also open to the government or any other authority to take such action for recovery of the land if it is proved that it is shamlat land not coming within the preview of Section 2(g) of the Village Common Lands Act, 1961.

2. With these observations, the petition is allowed to the extent that the petitioners cannot be proceeded only on the basis of Annexure P-3.

Petition allowed.