Ram Mehar vs State of Haryana

G. S. Chahal, J.

The petitioners seek quashing of the First Information Report No. 236 dated 24590, registered at Police Station City, Hissar under section 7 (1) of the Haryana Development and Regulation of Urban Areas Act, 1975. They have moved this Criminal Miscellaneous under sec. 482 of the Code of Criminal Procedure.

According to the petitioners, the Animal Husbandry Cooperative House Building Society, Hissar (the Society in brief) was constituted in the year 1961. It was registered at serial No 107 on 18461 by the Assistant Registrar, Cooperative Societies, Hissar. The objects of the Society, include the purchase and acquisition of land, construction, hiring or acquiring buildings for the benefit of the members, to provide loans to the members to construct dwelling houses, to sanction house plans, to undertake measures to spread knowledge of cooperative principles and practices and to undertake such other activities as are conducive to the attainment of the said objects. On representation made by the Society the Haryana Govt. was pleased to sanction the sale of land measuring 32 acres 5 kanals 4 marlas, belonging to Govt. Live Stock Farm to the Society and the price fixed was Rs. 39, 49, 925 vide order dated 18184. The entire sale price was paid by the Society and possession was obtained on 8884. The General Body of the Society in its meeting adopted resolution that each of its member will be allotted a plot measuring 233 square yards on payment of Rs. 12,000/. Scaled site plan was prepared and the Managing Body of the Society, which was, at that time headed by Dr. Hari Singh Dahya, allotted 443 plots to its members and vide that very plan, 4 parks were carved out of the total land besides the said plots. In 198788 Dr. Hari Singh Dahya converted the said parks into plots and allotted the same to some persons who were not eligible and some of them were not even members of the society. Dr. Hari Singh Dahya had also committed other irregularities regarding the funds of the Society. On that basis, complaints were made against him. On 17989 Dr. Hari Singh Dahya was removed and Amar Singh, Inspector (Marketing) was appointed as Administrator of the Society. On the basis of the complaint regarding irregularities in allotment of plots, Deputy Registrar passed order dated 11290 to the effect that those members who were eligible, but were not allotted plots by the Managing Body headed by Dr. Hari Singh Dahya, be allotted plots and these new plots be carved out from the Green Belt situated near the Ring Road. The Administrator then enrolled the members in compliance with the orders of the Deputy Registrar. On 20190, the Deputy Registrar constituted an Administrative Body consisting of the present petitioners and Amar Singh. The Administrative Body then allotted 54 plots to 54 members of the Society out of the Green Belt, situated near the Ring Road in compliance with the order of the Deputy Registrar dated 11290. Dr. Hari Singh Dahya and other members of the Managing Body were able to get a case registered against the petitioners. The petitioners have also given details of some litigation. The challenge is made to the registration of a criminal case (the impugned FIR).

In the return filed by the respondentauthorities, the appointment of Shri Amar Singh as Administrator is admitted, but it is stated that he was so appointed as the term of the Managing Body had expired and new election could not be held. The fact of the Deputy Registrar having issued the instructions for carving out the plot is admitted, but it is stated that the Deputy Registrar had travelled beyond his jurisdiction while passing the order dated 11290. This order was in contravention of the Cooperative Societies Act. The compliance with such an illegal order by the petitioners was in violation of the provisions of Haryana Development and Regulation of Urban Areas Act.

Annexure RI is the translation of the letter issued by the Deputy Registrar, Hissar to the Administrator of the Society. In paragraph 3, a direction was issued to the Administrative Body which is in the following terms.

"The administrative body is hereby directed that the members of the society who were deprived of the allotment of a plot by the previous Managing Body because of their mutual tussle may be alloted plots out of the land meant for green belt lying adjoining the Ring Road, so that justice may be meted out to the members on the basis of equality who have not been allotted the plots earlier."

The Petitioners, being members of the Administrative Body, constituted by the Deputy Registrar, were duty bound to carry out these instructions of the Deputy Registrar. The direction of the Deputy Registrar is a complete defence to the act of the petitioners in carving out the plots and making allotment. Such being the situation, the proceedings on the basis of FIR will be an exercise in futility. I hereby allow the criminal miscellaneous and quash the impugned FIR.

Misc allowed.