Chouth Mal vs State of Rajasthan and Others

Vineet Kothari, J.—The petitioner, Chouth Mal S/o. Shanker Lal Choudhary, has claimed in the present writ petition that the property in question, which belongs to him, has been wrongly included in the list of assets, belonging to the brother of the present petitioner, Arjun Lal Kalal, against whom, Anti Corruption Bureau proceedings are pending. Mr. Ashok Chhangani, learned counsel for the petitioner submitted that the property has been purchased by the present petitioner and the receipt in his favour for payment of part consideration is of 05.07.1986 even though the conveyance deed (Annex. 2) is of dt. 21.09.2011 only and the proceedings against his brother are said to have been initiated in the year 2006, which are still pending. He further submitted that the petitioner has made a representation to various authorities vide Annex. 11, which were sent by him through registered AD post, on 18/20.12.2010. He further submitted that the said representation is still pending and has not been decided and, therefore, the respondents may be directed to decide the such representation before proceedings further in the matter.

Having heard the learned counsel for the petitioner, though prima-facie, it is a matter of defence for the Delinquent Officer, who has shown the property in question to be his own or in the name of his brother, the present petitioner. However, the request of the learned counsel for the petitioner that his representation made to various authorities has remained un-responded, therefore, the respondent No. 2. Dy. Inspector General of Police (ACB), Udaipur, may be directed to decide the representation, appears to be justified, since for long period, the same has remained un-responded to. In view of this, the present writ petition is disposed of with a direction to the said respondent No. 2 - Dy. Inspector General of Police (ACB), Udaipur, to decide the pending representation of the petitioner after giving him opportunity of hearing expeditiously, preferably within a period of two months from today. The petitioner in the first instance may appear before the said authority on 22.10.2013. No costs. A copy of this order be sent to the concerned parties forthwith.