IN
THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
I N D E X
IN
CRIMINAL
MISC. WRIT PETITION NO.
OF 2011
(Under Article 226 of the Constitution
of India)
(DISTRICT – GHAZIABAD)
Gurdev Singh and
others---------------------------------Petitioners
Versus
State of Uttar Pradesh and
others----------------------Respondents
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S.N.
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Particulars.
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Dates.
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Ann.
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Pages.
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1
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List
of dates and Events.
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--
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-
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2
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Stay
Application (Under Chapter XXII Rule 1 of High Court Rules, 1952)
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--
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-
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3
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Writ
Petition (Under Article 226 of the Constitution of India)
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--
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-
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4
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Title,
ownership and possession of petitioner
1, 2 and 3 has been accepted by the
revenue authority by issuance of certificate in Village Mohammad Shakarpur,
Garh Mukhteshwar
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14.3.2011
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1
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5
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copy
of the representations given to the authorities on different dates
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4.12.2010
15.2.2011
8.3.2011
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2
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6
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First
information report bearing case crime no. 120 U/S 379 I.P.C. P. S. Garh
Mukhateswar District Ghaziabad
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6. 3. 2011
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3
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7
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news
item/ paper cutting published in Dainik Jagran on 4.12.2010 ,6.12.2010,
9.4.2011
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4.12.2010 ,6.12.2010, 9.4.2011
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4
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8
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Applications
under section 156 (3) Cr.P.C. moved by petitioner no.2 against Naveen yadav
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17.3.2011
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5
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9
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The
impugned First information Report dated 15.4.2011 bearing case crime no.
204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar District Ghaziabad
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15.4.2011
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6
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10
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Affidavit.
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11
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Vakalatnama.
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--
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-
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Dt/- 27 Apr, 2011 (YOGESH
KUMAR SAXENA)
Advocate
Counsel for the
Petitioners
Chamber no. 139, High Court
Allahabad
IN
THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LIST OF DATES AND EVENTS
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2011
(Under Article 226 of the Constitution
of India)
(DISTRICT – GHAZIABAD)
Gurdev
Singh and others---------------------------------Petitioners
Versus
State
of Uttar Pradesh and others----------------------Respondents
|
S.N.
|
Dates.
|
Events.
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|
1
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4.5.1987
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From last 24 years there has been
recording of the name of respective tenure holders in the revenue records of Village
Inayatpur @ Nayagaon, Tehsil Garh Mukteshwar, District Ghaziabad R/O Village
Mohammad Shakarpur, but the Shijhra of the aforesaid villages has yet not
been prepared from such a long period despite so many representations
submitted by the different individuals including the petitioners. The Sijhra
of the aforesaid villages has yet not been prepared nor there is reconstruction
of Shijhra, Khashra, Khathoni, and demarcation village maps and consolidation
of the village in question out of 3 villages missing from 4.5.1987
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2
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21.1.1990
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The land in question belonging to
the petitioner no. 1, 2 and 3 situated
at Village Village Inayatpur @ Nayagaon, Tehsil Garh Mukteshwar, District
Ghaziabad and Mohammad Shakarpur Tehsil Garh Mukteshwar, District Ghaziabad
being Khata No. 102, 54, 117, 130, 136, 177, 211 having Gata No. 788 Mi. area
55 Bighas, Khata No, 89, 80 having Gata No. 395, 499, 12, 13, 56, 57D area 29
Bighas at Village Inayatpur @ Nayagaon, Tehsil Garh Mukteshwar, District
Ghaziabad Mohammad Shakarpur, Tehsil Garh Mukteshwar, District Ghaziabad at
Khata No. 39, 5 having Gata No. 268, 269, 265, 270, 247 area 25 Bighas, total
area 100 Bighas, out of which 42 Bighas is in actual possession of the
petitioner no.1 to 3 in the revenue
records of 1393 fasali to 1398 fasali
due to loss of revenue record from last 24 years of said two villages,
for which no revenue authority is taking the recourse for reconstitution of
aforesaid record.
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3
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3.2.1989
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Naveen Yadav residing
at B-56 Sector 27 NOIDA, District Gautam Budh Nagar is having Patta/ Lease
procured in the name of mother Shashi by showing the name of his father Pyare
Lal resident of Prem Nagar and in the name of Naveen Yadav over Khata No. 135
Khasra No. 285 area 36 Bighas on 18.5.1991, while Smt. Shashi D/o Pyare Lal
resident of Prem Nagar was already possessing about 80 Bighas of land at
Khata No. 130 Khasra No. 788 through registered Sale Deed on 30.1.1989 at
Village Inayatpur @ Nayagaon, Tehsil Garh Mukteshwar, District Ghaziabad from
Ved Prakash Rajbhar, Mangoo Singh s/o Tarif Singh, resident of Ashorha,
Pargana and Tehsil Hapur.
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4
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21.1.1990
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The petitioners are paying Lagaan to the
revenue authority over the aforesaid land situated at Village Inayatpur @
Nayagaon, Tehsil Garh Mukteshwar, District Ghaziabad Mohammad Shakarpur over
entire land, but they have been given
possession on the said land on account of non-availability of revenue record.
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5
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30.1.1989
2.6.1992
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The allotment of lease in favour of Smt.
Shashi wife of Devendra Yadav comprising of 36 Bighas in the same village in
collusion with revenue authority. By virtue of the aforesaid reason Naveen
Yadav is now claiming 116 Bighas of land at Village Inayatpur @ Nayagaon and
Village Mohammad Shakarpur, which is adjoining to each other and is situated
in same Village Panchayat Rampur Niyamatpur and as such the allotment of
lease deed of Government land beyond the permissible limit to the persons
residing out side of District is totally illegal.
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6
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1987 up to 2010
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There have been 850 illegal allotments
done over the land situated at Village Inayatpur @ Nayagaon on the basis of
which more than four thousand Bighas of land is under unauthorized occupation
of Land Mafias in the said village.
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7
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1990 to 2011
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The position has been detoriated to the
extent that from 1386 Fasli to 1393 Fasli only the extract of Khatauni are
available in all the three villages. It is submitted that in absence of the
revenue record Sijra and the map thereof to locate out the particular land 81
entries of mutation has been recorded in Khata no. 5. Similarly in Khata no.
49 about 64 entries of the mutation has been recorded so far. The petitioners
further submit that 75 entries have been recorded in Khata no. 10 at village
Mohammad Shakarpur.
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8
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4.12.2010
15.2.2011
8.3.2011
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The petitioner no 3 represented the matter to the different
authorities from level of Chief Secretary, I.G., Commissioner, Senior
Superintendent of Police, Station House Officer and Assistant Record Officer as
the record missing from 4.5.1987 may be procured or it may be reconstructed. Nothing
has been done so far for redressal of the grievance by any one of the said
authority. The petitioners have sought for demarcation of their land as the
encroachment upon their land may not be given effect in collusion with
revenue authorities and the police department, who are working upon the
influence of private respondents.
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9
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4.12.2010
6.12.2010
9.4.2011
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the matter has been published in the
newspapers on 4.12.2010 , 6.12.2010
and on 9.4.2011 regarding 850 leases granted in favour of Bhu-Mafia in
village Inayatpur @ Nayagaon, where Sijra is missing from last 25 years. It
is further recorded in the newspaper that Naveen Yadav s/o Devendra Yadav
after getting the land procured in this manner on Khasra No. 218, 165, 270
area 2.6325 Hectare are trying to get possession over the land of Sadhana
wife of Subhash Chandra, resident of Gurgaon (Haryana) on the basis of said
illegal procurement of said land on which the stay order is operating against
him.
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10
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6.3.2011
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The harassment to the petitioners by Naveen Yadav, who has reported in the police
that he was having the crop of the wheat, which was demarcated by the Cement
Polls, but these cement polls have been carried away in Tractor Mahindra
belonging to petitioner no.1, 2and 3. it has been recorded by the police on
General Diary that Tractor Mahindra D.I. 265 does not belongs to any one of
the petitioner and said entry has been recorded in the Police diary.
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11
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17.3.2011
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The petitioner no.1 initiated proceedings
under section 156 (3) Cr.P.C. against Naveen Yadav and Tilak Ram as both these
persons are trying to dispossess the petitioners from their respective. The
aforesaid applications have been recorded and accepted by the Court of
Judicial Magistrate, Garh Mukteshwar.
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12
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13.4.2011
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The Civil Writ petition No. 21859 of 2011
was filed by petitioner 1 and 3 and unmarried girls along other tenure holders with the prayer for reconstruction of Shijhra, Khashra,
Khathoni, and demarcation village maps and consolidation of the 2 villages in
question resulting in a situation of complete anarchy by money power having
close nexus with the police personnel under the respondents at Tehsil Garh
Mukhteshwar, District Ghaziabad
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13
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13.4.2011
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There has been the crop of wheat lying in
the respective portion in the land in an area of 42 Bighas out of total land
recorded in the name of petitioner no. 1,2 and 3
.The revenue authorities of Tehsil Garh Mukteshwar and the police authority
of Police station Garh Mukteshwar are having collusion with private
respondents and as such there is no protection available to the petitioners
in absence of availability of Sijra and revenue record and demarcation map of
the entire area of three villages including the Village Mohammad Shakarpur,
Tehsil Garh Mukteshwar, District Ghaziabad.
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14
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15 .4.2011
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The prayer made before this Hon’ble Court
may graciously be pleased to quash the impugned First information Report
dated 15.4.2011 bearing case crime no. 204/11 U/S 379 I.P.C. P. S. Garh
Mukhateswar District Ghaziabad and to
stay the effect and operation of the impugned First information Report and
the petitioners may not be arrested
during the pendency of writ petition
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Dt/- 27
Apr, 2011 (YOGESH
KUMAR SAXENA)
Advocate
Counsel for the
Petitioners
Chamber no. 139, High Court
Allahabad
case crime no.
204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar District Ghaziabad
IN THE HON’BLE HIGH COURT OF
JUDICATURE AT ALLAHABAD
MISC. APPLICATION NO. OF 2011
(Under Section 151 of the
C.P.C.)
On behalf
of
Gurdev
Singh and others------------------------------Applicants
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2011
(Under Article 226 of the Constitution
of India)
(DISTRICT
– GHAZIABAD)
1. Gurdev
Singh son of Nahar Singh
2. Satwant
Singh
3. Gurcharan
Singh,
Both
sons of Gurdev Singh residents of
Mohammad Shakarpur, Pargana &
Tehsil Garh Mukteshwar, District Ghaziabad.
----------------------------- Petitioners
Versus
1.
State of Uttar Pradesh through Secretary,
Home Government of U.P. Lucknow.
2.
Station House Officer, Police station Garh
Mukteshwar, District Ghaziabad.
3.
Tilak Ram, son of Badloo Singh, resident of
Mohalla Adarsh Nagar, Garh Mukteshwar, District Ghaziabad. ----Respondents
To,
The Hon’ble the Chief Justice and
his other companion Judges of the aforesaid court.
The humble application of the above
named applicants/ petitioners most respectfully showeth as under: -
1. That
the full facts and circumstances of the case have been given in the
accompanying writ petition, it is expedient in the interest of justice that
this Hon’ble Court may graciously be pleased to stay the effect and operation
of the impugned First information Report dated 15.4.2011 bearing case crime no.
204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar District Ghaziabad and the
petitioners may not be arrested during
the pendency of writ petition And/or pass such other suitable order or
direction, which this Hon’ble Court may deem fit and proper in the present
circumstances of the case.
P R A Y E R
It
is, therefore, most respectfully prayed that this Hon’ble Court may graciously
be pleased the to stay the effect and operation of The impugned First
information Report dated 15.4.2011 bearing case crime no. 204/11 U/S 379 I.P.C.
P. S. Garh Mukhateswar District Ghaziabad (ANNEXURE NO.6) and the petitioners
may not be arrested during the pendency
of writ petition And/or pass such other suitable order or direction, which this
Hon’ble Court may deem fit and proper in the present circumstances of the case.
Dt/- 27 Apr, 2011 (YOGESH
KUMAR SAXENA)
Advocate
Counsel for the Petitioners
Chamber no. 139, High Court
Allahabad
case crime no.
204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar District Ghaziabad
IN THE HON’BLE HIGH COURT OF
JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION NO. OF 2011
(Under Article 226 of the Constitution
of India)
(DISTRICT – GHAZIABAD)
1.
Gurdev Singh son of Nahar Singh
2.
Satwant Singh
3
Gurcharan Singh,
Both
sons of Gurdev Singh residents of
Mohammad Shakarpur, Pargana &
Tehsil Garh Mukteshwar, District Ghaziabad.
----------------------------- Petitioners
Versus
1.
State of Uttar Pradesh through Secretary,
Home Government of U.P. Lucknow.
2.
Station House Officer,
Police station Garh Mukteshwar, District Ghaziabad.
3.
Tilak Ram, son of Badloo
Singh, resident of Mohalla Adarsh Nagar, Garh Mukteshwar, District Ghaziabad. ---------------Respondents
To,
The
Hon’ble the Chief Justice and his other companion Judges of the aforesaid
court.
The
humble writ petition of the above named petitioners most respectfully showeth
as under: -
1.
That
no other criminal writ petition against same cause of action for
quashing the impugned First information Report dated 15.4.2011 bearing case
crime no.204/11 U/S 379 I.P.C. P. S.
Garh Mukhateswar District Ghaziabad has
been filed or pending before this Hon’ble Court by the petitioner. The
petitioners have not received any notice of caveat application on behalf of
respondents till today in the present writ petition.
2.
That by means of this first criminal writ
petition, the petitioners are seeking direction from this Hon’ble Court for
enforcement of petitioner’s fundamental rights guaranteed Articles 14, 19 and
21 of constitution of India to them to
have their peaceful existence over their landed property and protection of
their life and liberty through the oppression, encroachment and malicious
prosecution by the Police in collusion with anti-social elements.
3.
That the Civil Writ petition No. 21859 of
2011 was filed by petitioner 1 and 3 and unmarried girls along with other
tenure holders with the prayer for reconstruction of Shijhra, Khashra,
Khathoni, and demarcation village maps and consolidation of the 2 villages in
question resulting in a situation of complete anarchy by money power having
close nexus with the police personnel under the respondents at Tehsil Garh
Mukhteshwar, District Ghaziabad.
4.
That
it is prayed that State respondents
restraining them on the behest of private respondent 3 from interfering in the
peaceful possession of the petitioners over their agricultural land having the
crop of wheat and Police may further be restraint from oppression and
harassment of petitioner in pursuance of report under section 379 I.P.C. till
any reliable evidence may not be procured in respect actual possession and
ownership of their respective land.
5.
That the land in question belonging to the
petitioner no. 1 ,2 and 3 situated at Village Inayatpur @ Nayagaon, Tehsil Garh
Mukteshwar, District Ghaziabad being Khata No. 102, 54, 117, 130, 136, 177, 281
having Gata No. 788 Mi. area 55 Bighas, Khata No, 89, 80 having Gata No. 395,
499, 12, 13, 56, 57D area 29 Bighas at Village Mohammad Shakarpur, Tehsil Garh
Mukteshwar, District Ghaziabad at Khata No. 39, 5 having Gata No. 268, 269,
265, 270, 247 area 25 Bighas, total area 100 Bighas, out of which 42 Bighas is
in actual possession of the father of petitioner no.1,and 2 in the revenue records of 1393 fasali to
1398 fasali .
6.
That on the other hand respondent no. 3 has
filed the FIR on behest of Naveen yadav, residing at B-56 Sector 27 NOIDA, District
Gautam Budh Nagar, and is the son of Devendra Singh posted as SSI at Garh Mukhateswar, Who is having Patta/
Lease procured in the name of his wife namely Shashi by showing the name of his
father-in-law Pyare Lal resident of Prem Nagar and in the name of Naveen Yadav over
Khata No. 135 Khasra No. 285 area 36 Bighas on 18.5.1991, while Smt. Shashi D/o
Pyare Lal resident of Prem Nagar was already possessing about 80 Bighas of land
at Khata No. 130 Khasra No. 788 through registered Sale Deed on 30.1.1989 at
Village Inayatpur @ Nayagaon, Tehsil Garh Mukteshwar, District Ghaziabad from
Ved Prakash Rajbhar, Mangoo Singh s/o Tarif Singh, resident of Ashorha, Pargana
and Tehsil Hapur. The allotment of lease in favour of Naveen Yadav and Smt. Shashi wife of Devendra Yadav comprising
of 36 Bighas in the same village in collusion with revenue authority was wholly
without jurisdiction.
7.
That it is submitted that Smt. Shashi D/o
Pyare Lal resident of Prem Nagar died and the property is now vest in the name
of Naveen Yadav on 2. 6. 1992. By virtue of the aforesaid reason Naveen Yadav
is now claiming 116 Bighas of land at Village Inayatpur @ Nayagaon and Village
Mohammad Shakarpur, which is adjoining to each other and is situated in same
Village Panchayat Rampur Niyamatpur and as such the allotment of lease deed of
Government land beyond the permissible limit to the persons residing out side
of District is totally illegal.
8.
That the petitioners are paying land
Revenue ( Lagaan) to the revenue authority over the aforesaid land situated at
Village Mohammad Shakarpur over entire land, but they have not been given
possession on the said land on account of non-availability of revenue record.
9.
That at the vary out set it is submitted
that from last 24 years there has been recording of the name of respective
tenure holders in the revenue records, but the Sijhra of the aforesaid villages
has yet not been prepared nor there is reconstruction of Shijhra, Khashra,
Khathoni, and demarcation village maps and consolidation of the 2 villages in
question out of 3 villages missing from 4.5.1987 ,such a long period despite so
many representations submitted by the different individuals including the
petitioners.
10.
That there have been 850 illegal allotments
done over the land situated at Village Inayatpur @ Nayagaon on the basis of
which, more than four thousand Bighas of land is under undue interference and
encroachments in collusion with revenue authority and police personal assisting
in unauthorized occupation of Land Mafias in the said villages.
11.
That number of revenue authorities
associated with the Settlement and Survey Department were arrested and 11
criminal cases were registered against such officials for getting the record
misplaced, which has yet not been constructed by the revenue authority at District
Ghaziabad despite several representations submitted by tenure holders for
reconstitution of the revenue record.
12.
That on account of unavailability of
revenue record and the map, there is problem for getting effective location of
the land situated in the aforesaid villages.
13.
That since the land pertaining to three
villages situated at Tehsil Garh Muteshwar namely village Inayatpur @ Nayagaon,
Mohammad Shakarpur and Rampur Niyamatpur comprising of more than four thousands
beeghas is not available w.e.f. 8.4.1987.
Thus a situation has been derivated on account of the facts of non-availability
of revenue record and the revenue map for carving out the location of a
particular plots, recorded in the previous Bandobast resulting in complete
derogations of the lawful authority having any rule of law being implemented
for the effective management of peace and order and tranquility in the entire
area by the Police and revenue authority.
14.
That might is right has become the nexus to
govern the affairs of the agricultural land located in the area, which is giving
excessive powers to the police personnel to prosecute the innocent persons on
the behest of powerful anti-social elements impliedly for the reason of having
the unscrupulous gratification just to wreck the vengeance.
15.
That the position has been depicted to the
extent that from 1386 Fasli to 1393 Fashli only the extract of Khatauni are
available in all the three villages. It is submitted that in absence of the
revenue record Shijhra and the map thereof to locate out the particular land 61
entries of mutation has been recorded in Khata no. 5. Similarly in Khata no. 40
about 64 entries of the mutation has been recorded so far. The petitioners
further submit that 75 entries have been recorded in Khata no. 10 at village
Mohammad Shakarpur and as such it is creating an atmosphere of uncertainty for
carving out area in respect of their respective possession of tenure holders
over their land recorded therein.
16.
That the information in respect of the
aforesaid situation was sought from the revenue authority by the petitioner
no.1,2 and 3. A report has been furnished by the said authority under Right to
Information Act having verification of details in the name of petitioner no.1.
In the same correspondence it has been recorded at the bottom that the survey
proceedings were commenced on 4.5.1987 of the said villages and from the
aforesaid period survey records of three villages including the villages Mohammad
Shakarpur is not available with the
revenue authority. That the endorsement to this effect about the title, ownership
and possession of petitioner 1, 2and 3
has been accepted by the revenue authority by issuance of certificate.
That since the land pertaining to three villages situated at Tehsil Garh
Muteshwar namely Mohammad Shakarpur The
true copy of the certificates issued by revenue authorities are being filed
herewith and marked as Annexure no.1 to this writ petition.
17.
That
the petitioner No. 3 represented the matter to the different authorities as the
record missing from 4.5.1987 may be procured or it may be reconstructed. The
petitioners have tried their best to approach all the revenue and police
authorities from level of Chief Secretary, I.G., Commissioner, Senior
Superintendent of Police, Station House Officer and Assistant Record Officer
for the aforesaid purposes, but nothing has been done so far for redressal of
the grievance by any one of the said authority. The petitioners have sought for
demarcation of their land as the encroachment upon their land may not be given
effect in collusion with revenue authorities and the police department, who are
working upon the influence of private respondents. The true copy of the
representations given to the authorities on 4.12.2010 . 15.2.2011, 8.3.2011
(different dates)are being filed herewith and marked as Annexure no.2
to this writ petition.
18.
That the harassment to the petitioners has
still being done by Naveen Yadav, who has reported in the police totally
falsely 6.3.2010 in order to creat pressure and with vested interest to take
forceful possession through muscle man and anti social element stating therein
that he was having the crop of the wheat, which was demarcated by the Cement
Polls, but these cement polls have been carried away in Tractor Mahindra
belonging to petitioner no.1 and 2. it has been recorded by the police on
General Diary that Tractor Mahindra D.I. 265 does not belongs to any one of the
petitioner and said entry has been recorded in the Police diary. The true copy
of the copy of the First information report bearing case crime no. 120 U/S 379
I.P.C. P. S. Garh Mukhateswar District Ghaziabad filed herewith and marked as Annexure
no.3 to this writ petition.
19.
That the petitioner no.1, 2 and 3 along
with other tenure holder having the occupation over their land from many decade
have filed the criminal writ petition
No. 21859 of 2011 on 13.4. 2011
to demonstrate the apathetical approach of the State respondents in respect of
frivolous malicious implication in criminal case bearing case crime no. 120 U/S
379 I.P.C. P. S. Garh Mukhateswar District Ghaziabad.
20.
That the petitioner no.1, 2 and 3 are
having Tractors namely Johndeere- 5310 and Massey- 5245 for cultivation of
their land, which is used for cultivation of land belonging to the petitioners.
No other tractor is there amongst the petitioners No. 1, 2 and 3 , nor any such
tractor Mahindra as alleged to have
taken the pole as a peshbandi for possession over the land which is belonging
to petitioners. The said tractor is not traceable any where in locality to the petitioners , but it appears to be the
concoction of Naveen yadav to lodge frivolous complaint. The respondent no.3 being his agents are trying their best to dislocate
the petitioners from their right of cultivation and to get forceful possession
upon the land which remained in the occupation of the petitioners from a long
time.
21.
That the matter has been published in the
newspapers on 4.12.2010 , 6.12.2010 and on 9.4.2011 regarding 850 leases granted in favour of
Bhu-Mafia in village Inayatpur @ Nayagaon, Mohammad Shakarpur where Sijra is missing from last 24 years.
The true photo copy of the news item/ paper cutting published in Dainik Jagran
on 4.12.2010 ,6.12.2010, 9.4.2011 are being filed herewith and marked as Annexure
no.4 to this writ petition.
22.
That it is further recorded that Naveen
Yadav s/o Devendra Yadav after getting the land procured in this manner on
Khasra No. 218, 165, 270 area 2.6325 Hectare are trying to get possession over
the land of one Smt Sadhana wife of Subhash Chandra, resident of Gurgaon
(Haryana) on the basis of said illegal procurement of said land, on which the
stay order is operating against him.
23.
That the petitioner no.1 initiated
proceedings under section 156 (3) Cr.P.C. against Naveen Yadav and Tilak Ram as
both these persons are trying to dispossess the petitioners from their
respective. The aforesaid applications
have been recorded and accepted by the Court of Judicial Magistrate, Garh
Mukteshwar. The true copy of the applications under section 156 (3) Cr.P.C.
moved by petitioner no.1 against Naveen
Yadav. The said applications is being
filed herewith and marked as Annexure no. 5 to this writ
petition.
24.
That the Hon’ble Supreme Court in case
of Bhajan lal and Joginder Kumar reported in A.I.R. 1992
and 1994 S.C. and D.K. Basu reported in
2007 (1) S.C.C laid down that it is for the State Government to implement law
and order situation as Rule of Law may be maintained, but the protection
against oppression and malicious prosecution may also be prevented by the
authority as the innocent persons may get their adequate protection in case
crime no. 204 of 2011 under section 379 I.P.C. as no person can be subjected to
the prosecution on the behest of unsocial elements, who wanted to disturb the
tranquility of public through their money power.
25.
That there has been the crop of wheat lying
in the respective portion in the land at Village Inayatpur @ Nayagaon Mohammad
Shakarpur, Tehsil Garh Mukteshwar, District Ghaziabad in an area of 42 Bighas
upto 13.4.2011 out of total land of 100 Bighas recorded in the name of the
petitioner no. 1, 2and 3. The revenue
authorities of Tehsil Garh Mukteshwar and the police authority of Police
station Garh Mukteshwar are having collusion with respondent no. 3 and as such
there is no protection available to the petitioners in absence of availability
of Sijra and revenue record and demarcation map of the entire area of three
villages including the Village Mohammad Shakarpur, Tehsil Garh Mukteshwar,
District Ghaziabad.
26. That
despite the notice of the writ petition personally given to every revenue
authority at the District level in view of the detoriation of the law and order
situation and ripping crop of the wheat proposed to be harvest by unsocial
element of respondent no.3 having close nexus with SHO Mr. Lallu Singh Maurya
Inspector at P.S. Garh Mukhteshwar. All the remaining family members of the petitioner No. 1, 2 and 3 and unmarried girls from the family for
getting the crop of wheat cut down as his reported the matter to the higher
authority, It was on account of intervention of the District Magistrate ,
Ghaziabad looking in the matter after publication of the news in News Papers on
9.4.2011 and after perusal of the notice given to him by the entire village
personal including the pradhans of respective villages , that these individual
and other family members were released in the late night.
27. That
the petitioner no 1 and 2 have come
forward by filing of writ petition bearing
Civil Writ petition No. 21859 of 2011
on 13.4. 2011 to demonstrate the apathetical approach of the State
respondents in dealing with the situation that atleast the Shijhra of the
villages and other records including the Map could have been reconstructed as
the area recorded in the revenue record may be recorded and demarcated on the
spot. Thus all the mutation entries have been recorded on the revenue record of
1386 Fasli to 1393 Fasli and thereafter neither the Khasra, nor the Khatauni
were reconstituted.
28. That
the petitioners are seeking direction to the different authorities to have redressed
of their grievances, which have been raised in different representations. The
security of the petitioners and their entire family members may be done by the
Police.
29.
That
the oppression of the Police in relations to lodging of frivolous first
information report on 15.4.2011 in case crime no. 204/11 under section 379
I.P.C. Police station Garh Mukteshwar where the name of petitioners namely Gurdev
Singh S/O unknown, Satwant Singh and Gurcharan Singh son of Gurdev Singh
village Shakarpur have been planted to cut the crop of wheat. The first information
report on 15.4.2011 in case crime no. 204/11 under section 379 I.P.C. Police
station Garh Mukteshwar is being filed
herewith and marked as Annexure no. 6 to this writ petition.
30.
That the age of Gurdev Singh , Petitioner
No. 1 is more than 70 years and he is neither able to cut down the crop, nor he
can ply the tractor. There is no land of satwant singh at Village Village
Inayatpur @ Nayagaon and he resides separately in other village. Thus the
entire family members of petitioner No. 1 are dragged to exhert the pressure on
the behest of Naveen Yadave and his father who remained posted As SSI at P.S.
Garh Mukhateshwar and got the illegal lease from the State Government in the
name of Naveen Yadav.
31.
That according to the averment made in the
frivolous first information report on 15.4.2011 in case crime no. 204/11 under
section 379 I.P.C. Police station Garh Mukteshwar, it is alleged that the
informant respondent no. 3 took the 90 Bheeghs of agriculture land belonging to
Naveen yadav and keshav on Contract Basis (Tekha) at village Inayat pur Alias
Naya Gaon for cultivation. It is further alleged that on 14.4.2011 at 10 A.M.,
he got the information in respect of cutting the crop of 20 Bhighas by the
petitioners and they carried away the same from 2 tractor trolly in the said village. The cost
of te crop of wheat is about 1 lack.
32.
That the land in question belonging to
the petitioner no. 1, 2 and 3 situated
at Village Village Inayatpur @ Nayagaon, Mohammad
Shakarpur Tehsil Garh Mukteshwar, District Ghaziabad being Khata No. 102, 54,
117, 130, 136, 177, 211 having Gata No. 788 Mi. area 55 Bighas, Khata No, 89,
80 having Gata No. 395, 499, 12, 13, 56, 57D area 29 Bighas at Village Village
Inayatpur @ Nayagaon, Mohammad Shakarpur, Tehsil Garh
Mukteshwar, District Ghaziabad at Khata No. 39, 5 having Gata No. 268, 269,
265, 270, 247 area 25 Bighas, total area 100 Bighas, out of which 42 Bighas is
in actual possession of the petitioner no.1 to 3 in the revenue records of 1393 fasali to 1398
fasali due to loss of revenue record
from last 24 years of said two villages, for which no revenue authority is
taking the recourse for reconstitution of aforesaid record.
33.
That the petitioners in absence of
availability of Sijra and revenue record and demarcation map of the entire area
of three villages including the Village Village Inayatpur @
Nayagaon, Mohammad Shakarpur, Tehsil Garh Mukteshwar, District
Ghaziabad, wherein they are doing the cultivation and cutting their crops of
wheat. In the FIR , the land given to the respondent on TEKHA of 90 Bheeghs of
agriculture land belonging to Naveen yadav and keshav on Contract Basis (Tekha)
at village Inayat pur Alias Naya Gaon for cultivation. Thus there does not
arise any question purported to have been cut down from 90 Bheeghs of
agriculture land belonging to Naveen yadav and keshav on Contract Basis (Tekha)
at village Inayat pur Alias Naya Gaon for cultivation.
34.
That the petitioners are having cultivation
of crop at village Village Inayatpur @ Nayagaon, Mohammad
Shakarpur for cultivation. The crop alleged to have been taken away on two
tractors are unknown fraction as the crop at ripping of the wheat may not be shifted
from one place to other, nor the crop on two tractors can be said to be of an
amount approximately in the tune of Rs. 1 Lacks. Thus the lodging of The
Impugned FIR is for some extraneous reason by making the instrumentality of
criminal prosecution. Such type of frivolous FIR lodged with Malafide intension
just to wreak the vengeance are liable to be quashed.
35.
That the entire village becomes the witness
as no one other than the person sowing the crop in the said village can cut
down the sad crop. None of the owner of the said and, having taken over such
land on lease from the government can give it on patta to other person,
specially to schedule caste, who got the rightof cultivation on the said land
on account of protection envisaged under Section 122- B ( f) by the efflux of
time.
36. That
the petitioners have cut down their own crop from their land lying in Village
Mohammad Shakarpur, Tehsil Garh Mukteshwar, District Ghaziabad without any
resentment of public, in view of the detoriation of the law and order situation
and ripping crop of the wheat proposed to be harvest by unsocial element of
respondent no.3 having close nexus with SHO Mr. Lallu Singh Maurya Inspector at
P.S. Garh Mukhteshwar. All the remaining family members of the petitioner No. 1, 2 and 3 and unmarried girls from the family for
getting the crop of wheat cut down as his reported the matter to the higher
authority, It was on account of intervention of the District Magistrate ,
Ghaziabad looking in the matter after publication of the news in News Papers on
9.4.2011 and after perusal of the notice given to him by the entire village
personal including the pradhans of respective villages , that these individual
and other family members were released in the late night. There was no
existence of FIR by that time.
37.
That
the respondent no. 3 has given threatening to the petitioners that he on
account of being Scheduled caste will implicate the petitioners in the false
case and assuch he was imp leaded as the respondent No. 10the Civil Writ
petition No. 21859 of 2011 was filed by
petitioner 1 and 3 and unmarried
girls along other tenure holders with the prayer for reconstruction of Shijhra, Khashra,
Khathoni, and demarcation village maps and consolidation of the 2 villages in
question resulting in a situation of complete anarchy by money power having
close nexus with the police personnel under the respondents at Tehsil Garh
Mukhteshwar, District Ghaziabad.
38.
There has been the crop of wheat lying in
the respective portion in the land in an area of 42 Bighas out of total land
recorded in the name of petitioner no. 1,2
and 3 .The revenue authorities of
Tehsil Garh Mukteshwar and the police authority of Police station Garh
Mukteshwar are having collusion with private respondents and as such there is
no protection available to the petitioners in absence of availability of Sijra
and revenue record and demarcation map of the entire area of three villages
including the Village Inayatpur @ Nayagaon,
Mohammad Shakarpur Tehsil Garh Mukteshwar, District Ghaziabad.
39. That
the S.S.P. Ghaziabad may be directed to look into the matter by deputing some
responsible officer over and above the Inspector Mr. Lallu Singh Maurya Police Station Garh Mukteshwar who is participating in the activities of the
private respondents for grabbing the land belonging to the petitioners through
such false concoction, till then the petitioners may not be arrested.
40. That
in the circumstances of the case, this Hon’ble court may be pleased for
quashing the impugned First information Report dated 15.4.2011 bearing case
crime no. 204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar, District Ghaziabad
and may further graciously be pleased to
stay the effect and operation of the impugned First information Report dated 15.4.2011
bearing case crime no. 204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar District
Ghaziabad and the petitioners may not be arrested during the pendency of writ petition And/or
pass such other suitable order or direction, which this Hon’ble Court may deem
fit and proper in the present circumstances of the case.
41.
That the petitioners have got no other
equally effective and speedy alternative remedy except to approach this Hon’ble
Court by invoking its extra-ordinary writ jurisdiction under Article 226 of the
Constitution of India, inter-alia on the following amongst other grounds:-
G R
O U N D S
a.
Because, on account of unavailability of
revenue record and the map from 1987, there is problem for getting effective
location of the land situated in the aforesaid villages Village Mohammad
Shakarpur.
b.
Because, there has been the crop of wheat
lying in the respective portion in the land at Village Inayatpur @
Nayagaon, Tehsil Garh Mukteshwar, District Ghaziabad and
Mohammad Shakarpur, Tehsil Garh Mukteshwar, District Ghaziabad in an area of 42
Bighas out of total land recorded in the name of petitioner no. 1, 2 and 3 and the similar
threatening is being given to the rest of the petitioners.
c.
Because, the revenue authorities of Tehsil
Garh Mukteshwar and the police authority of Police station Garh Mukteshwar are
having collusion with private respondents and as such there is no protection
available to the petitioners in absence of availability of Sijra and revenue
record and demarcation map of the entire area of three villages including the
Village Mohammad Shakarpur, Tehsil Garh Mukteshwar, District Ghaziabad.
d.
Because, the petitioners are paying Lagaan
to the revenue authority over the aforesaid land situated at Village Mohammad
Shakarpur over entire land, but facing the threats and encroachment on
possession of the said land on account of non-availability of revenue record.
e.
Because, there have been 850 illegal
allotments done over the land situated at Village Inayatpur @ Nayagaon on the
basis of which there has been the threatening given to the petitioners as more than four thousand Bighas of land, is
proposed to be under unauthorized occupation of Land Mafias in the said
village in absence of revenue records.
f.
Because, the harassment to the petitioners
has still being done by Naveen Yadav, who has reported in the police report that he was not having the crop of the wheat.
g.
Because, the petitioners no. 1 initiated
proceedings under section 156 (3) Cr.P.C. against Naveen Yadav and Tilak Ram as
both these persons are trying to dispossess the petitioners from their
respective land . The aforesaid applications have been recorded and accepted by
the Court of Judicial Magistrate, Garh Mukteshwar, District Ghaziabad.
h.
Because, this Hon’ble court may be pleased
for quashing the the impugned First information Report dated 15.4.2011 bearing
case crime no. 204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar District Ghaziabad
and may further graciously be pleased to
stay the effect and operation of the impugned First information Report dated
15.4.2011 bearing case crime no. 204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar
District Ghaziabad and the petitioners may not be arrested during the pendency of writ petition.
i.
Because, the Hon’ble Supreme Court in case
of Bhajan Lal, Joginder Kumar reported
in A.I.R. 1992 and 1994 S.C and D.K. Basu reported in 2007 (1) S.C.C. laid down
that it is for the State Government to implement law and order situation as
Rule of Law may be maintained, but the protection against oppression and
malicious prosecution may also be prevented by the authority.
P R A Y E R
It is, therefore, most respectfully
prayed that this Hon’ble Court may graciously be pleased to: -
(i)
Issue a writ, order or direction in the
nature of certiorari Quashing the impugned First information Report dated
15.4.2011 bearing case crime no. 204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar
District Ghaziabad( ANNEXURE NO. 6)
(ii)
Issue a writ, order or direction in the
nature of Mandamus staying the effect
and operation of the the impugned First information Report dated 15.4.2011
bearing case crime no. 204/11 U/S 379 I.P.C. P. S. Garh Mukhateswar District
Ghaziabad and the petitioners may not be arrested during the pendency of writ petition
(iii)
Issue any other suitable order or
direction, which this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case.
(iv)
To award the cost of the writ petition in
favour of the petitioners.
Dt/- 27 Apr, 2011 (YOGESH KUMAR SAXENA)
Advocate
Counsel for the
Petitioners
Chamber no. 139, High Court
Allahabad
IN
THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANNEXURE NO.
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2011
(Under Article 226 of the
Constitution of India)
(DISTRICT – GHAZIABAD)
Gurdev
Singh and others ---------------------------------Petitioners
Versus
State
of Uttar Pradesh and others----------------------Respondents
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