VIJAY DEO JHA
Ranchi, Sept 20: Former Ranchi Municipal Corporation (RMC) Commissioner Mukesh Kumar is said to have filed a petition before the Jharkhand High Court for quashing the order of the Ranchi court to lodge an FIR in a high-profile Indian Army land scam case. The petition was filed on Friday and is currently under the defect list of the High court.
In the petition, the order of the court of the Chief Judicial Magistrate of Ranchi in the appeal case 158/22 has been challenged. The development has come at a time when the Ranchi police have been accused of dragging their feet in lodging an FIR in this matter.
He was the Municipal Commissioner when the holding number to the suspected seller of army land Pradeep Bagachi was issued on the basis of some forged documents. Pradeep Bagachi forged documents to claim the ownership of 4.55 acres of land. However, Mukesh Kumar who was said to be busy in a meeting did not respond to phone calls and a message to know his stand.
Petitioner Upendra Kumar Rajak in the complaint had alleged IAS Mukesh Kumar, seller Pradeep Bagachi, purchaser Dilip Kumar Ghosh (Jagatbandhu Tea Estate Pvt Ltd), Ghasi Ram Pingua and Vaibhav Mani Tripathi (both sub registrar), Manoj Kumar (circle officer) and others hatched a conspiracy to sell the land.
The petitioner said that the court twice passed the order namely on April 21 and July 13 of this year and directed the Ranchi police to lodge the FIR. But the Bariatu police station under which the said land falls appears to be non-committal about the court order.
At first, the Bariatu police station declined on the ground that the land may be falling within the Bariatu police station but the crime was committed under the Kotwali police station area. Hence, the FIR can’t be taken here. The court rejected this contention and directed to lodge the FIR at the Bariatu police station.
“I gave a petition to the Ranchi SSP. Police are silent since if the probe is done then many officials of the government will be exposed. I again requested the concerned officer of the police station but he is not ready to register the FIR. It will blow the lid off a major scam if the investigation is done,” said the petitioner.
When asked reasons for the delay, the officer-in-charge of the Bariatu police said:”kal phone kariyega ham aapko kal batayengen (call me tomorrow I will tell you tomorrow.”)
Inquiry report confirmed fraud with army land
Earlier, South Chhota Nagpur Divisional Commissioner Nitin Madan Kulkarni had set up an inquiry. The report stated that 4.55 acres of land in Ranchi currently under possession of the Indian Army, but owned by Jayant Karnad, was fraudulently sold out to one Dilip Ghosh.
The inquiry was ordered following the complaint of the national general secretary of Akhil Bhartiya Anusuchit Jati Mahasabha, Upendra Kumar in November 2021. Dilip Ghosh is the director of Kolkata-based Jagatbandhu Tea Estate Private Limited.
The inquiry conducted by the Deputy Director (Welfare) explained that a fake document (registration number 4369/1932) of the ownership of the said land was created in favour of the seller Pradeep Bagchi. Pradeep Bagchi claimed that his father Prafulla Bagchi purchased that land from raiyats in 1932 and the registry was held at the Calcutta land registry office. The copy of that ‘fake’ document was also said to had been interpolated in the land records of Kolkata registry office.
Brief history of land
Records suggest that the said land is situated under Bargain block, Mauja Morabadi, police station number 192 and ward 21. The land was originally registered in the name of Pramod Nath Das Gupta which was later on transferred to his heir Jayant Karnad.
The land witnessed many legal and administrative judgments and orders from 1967 onward for the claim of rent and occupancy rights. As per the record, the said land has been under occupation of the Indian Army since April 1943 and the Indian Army used to pay the rental to the owner. In 2007 Jayant Karnad moved a Writ Petition (1903/2007) before the High Court for the release of his property from the occupation of the Indian Army. The High Court on October 22, 2008 ordered the Indian Army to deposit the rent in the favour of Jayant Karnad up to the period of November 2008. In March 2009, the court ordered in the favour of Jayant karnad and ordered the army to vacate his land.
The Defense Estate Officer of the Indian Army filed an L.P.A. (205/2009), Interlocutory Application (7440/2017) and CMP (282/2017) against the order of the court. But the court ruled in the favour of the petitioner and did not grant any relief to the Indian Army.
But despite that the land remained under possession of the Indian Army. It is evident from the fact that when Jayant Karnad sold out land to 13 different people in 2019. The circle officer of Bargain block refused to execute transfer of the ownership of the land to the purchaser on the ground that said land was under occupation of the Indian Army not the seller even if he is owner.
