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Gpa Sales and Its First Judgment Eliciting Factual Background 2009 Sc

Gpa Sales and Its First Judgment Eliciting Factual Background 2009 Sc

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06/01/2012

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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTIONSPECIAL LEAVE PETITION (C) NO……………………OF 2009CC 5804/2009Suraj Lamp & Industries (P) Ltd. Thru. DIR Petitioner(s) Vs.
 
State of Haryana & Anr. Respondent(s)O R D E R R.V. Raveendran J.Delay condoned. Issue notice. Petitioner to filecopies of correspondence with State InformationCommissioner as also its title deeds to the disputed  property. As this case is a typical example of anirregular process spreading across the country, we propose to refer to some aspects of the case at this preliminary stage itself.2.The petitioner, a company incorporated under theCompanies Act, claims that one Ramnath and his family members sold two and half acres of land in Wazirabad village, Gurgoan to them by means of an agreement ofsale, General Power of Attorney (for short ‘GPA’) and a will in the year 1991 for a consideration of
 
Rs.716,695/-. It is further alleged that the petitionerverbally agreed to sell a part of the said property measuring one acre to one Dharamvir Yadav for Rs.60 lakhsin December 1996. It is stated that the said DharamvirYadav, and his son Mohit Yadav (an ex MLA and Minister),instead of proceeding with the transaction with the petitioner, directly got in touch with Ramanath and hisfamily members and in 1997 got a GPA in favour ofDharamvir Yadav in regard to the entire two and halfacres executed and registered and illegally cancelled theearlier GPA in favour of petitioner. The petitionerclaims that when its Director, S.K. Chandak, confronted Dharamvir Yadav in the year 1999 this behalf, the said Yadav apologized and issued a cheque for Rs.10 lakhstowards part payment and agreed to pay the balance ofRs.50 lakhs shortly but that the said cheque wasdishonoured necessitating a complaint under section 138of the Negotiable Instrument Act, being filed againstDharamvir Yadav which is pending in a criminal court atPatiala House, New Delhi. It is further alleged that inthe year 2001, petitioner lodged a criminal complaintagainst Ramanath and members of his family who executed the sale agreement/ GPA/will in favour of the petitionerand another complaint against Dharambir Yadav and his sonin the District Court, Gurgoan, for offences punishableunder sections 406, 420, 467, 468, 471 and 120B of IPC.
 
The petitioner claims that in December 2005 it lodged anFIR in respect of offences under Sec. 406,467,468,471 and 120B of IPC against all of them.3.The petitioner claims that as no action was taken onits FIR by the Station House Officer/InvestigationOfficer (‘SHO/IOfor short), petitioner filed anapplication under Right to Information Act, 2004 (‘RTI Act’ for short) seeking the status, in response to whichthe SHO/IO gave contradictory and misleading versionsabout the status of the investigation and about theseizure and custody of the agreement and power ofattorney from the accused. An appeal filed by the petitioner was disposed of by the Chief InformationCommissioner, Haryana, by an order dated 27.12.2007 merely directing that Police should re-investigate theFIR as per the order of the court and the Departmentshould give a specific proper reply about the status ofthe documents, to the appellant by 25.1.2008. Accordingto the petitioner, the Commissioner ought to haveinitiated action against the police for giving false and  misleading information under section 20 of the RTI Act.Petitioner therefore filed a writ petition challengingthe order of the Chief Information Commissioner anseeking initiation of proceedings under section 20 of theRTI Act and imposition of penalty. The said writ petition

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