Jaipur, Aug 11 (SocialNews.XYZ) The Rajasthan High Court has quashed criminal proceedings pending before the trial court against late Kamla Beniwal, former Governor of Gujarat, and 16 other accused in a case involving alleged irregularities in the allotment and compensation of government land.
A bench headed by Justice Ganesh Ram Meena passed the order while hearing a petition filed by the accused. The High Court observed that disputes concerning land rights already pending before competent civil and revenue authorities cannot be given a criminal colour.
The court noted that the matter primarily concerns lease, ownership and khatedari rights over agricultural land, which fall within civil and revenue jurisdictions. Attempting to convert such disputes into criminal cases would amount to an abuse of the process of law, the bench held.
Consequently, the High Court set aside the trial court’s order taking cognisance of the case as well as the subsequent revisional order passed by the Additional District Judge (ADJ). The court noted that proceedings concerning the disputed land are pending before different legal forums.
These include questions relating to tenancy rights granted to the petitioners in 1958, acquisition of the land by the Jaipur Development Authority (JDA), and references and distribution of compensation under the Land Revenue Act. The court observed that unless competent civil or revenue courts set aside the rights in question, allegations of fraud and forgery based on those rights cannot be sustained in criminal proceedings.
Sanjay Kishore Agarwal filed the complaint in the matter on August 16, 2012. According to the complaint, the government had introduced a scheme in 1951 to lease unused agricultural land for cultivation for 20 years. The tenure was subsequently extended to 25 years, after which the land was to revert to the state government.
On January 5, 1953, land was allotted to the Rajendra Singh and Others Kisan Collective Farming Cooperative Society in Jhotwara. The complaint alleged that the society was registered only later, on February 13, 1953. It was further alleged that although members subsequently engaged in activities other than agriculture, they obtained khatedari rights based on allegedly incorrect information.
The government did not take back the land after the expiry of the stipulated period. Subsequently, the JDA issued a notification to acquire the land for the Prithviraj Nagar scheme. Under the proposed compensation arrangement, society members were offered 15 per cent of the developed land in exchange for the acquired land.
An Additional Registrar (Cooperatives) later reportedly observed that the society members were attempting to claim compensation land based on allegedly false or incorrect information. The complaint further alleged that none of the persons claiming compensation was among the society’s original members. The disputed land was alleged to be worth around Rs 400 crore.
The Kardhani police station had initially submitted a Final Report (FR), effectively closing the case. The complainant subsequently filed a protest petition challenging the FR. After hearing the matter, the trial court took cognisance of the case on May 15, 2014, and ordered prosecution of Kamla Beniwal and the other accused.
The accused challenged the order before the ADJ, but the revisional court declined to interfere with the Magistrate’s order. The accused thereafter approached the Rajasthan High Court seeking quashing of both orders. The High Court has now set aside the cognisance order and the revisional court’s decision, bringing the criminal proceedings to an end.
Source: IANS
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