RUDRA MOHAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both these applications are listed today under the hearing "To be mentioned" for clarification of certain points.

(2.) These applications have been filed under Section 482 Cr.P.C. for quashing the order dated 22.03.2008 of the learned Special Judge (Vigilance), Bhubaneswar taking cognizance of the offence under Sec. 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and under Section 120B IPC and issuing process against the petitioners on the basis of the police papers/charge sheet filed by the Investigating Officer.

(3.) It appears that an FIR was lodged on 23.06.2004 by the Inspector of Police (Vigilance), Bhubaneswar before the Superintendent of Police (Vigilance), Bhubaneswar vide Vigilance P.S. Case No. 19 of 2004 corresponding to T.R. Case No. 28 of 2006, inter alia, alleging that a piece of land has been twice mutated by the orders passed by the petitioner in C.R.L.M.C. No. 2742 of 2006 in his capacity as Additional Tahasildar, Bhubaneswar. It was alleged that the land, which was recorded in the name of one Smt. Manikmani Das in sabik Khata No. 1872/4 under sabik plot No. 246 (part), area Ac. 2.200 decimal under Mouza-Bhubaneswar once recorded by the Assistant Settlement Officer, Bhubaneswar as per 1989 Settlement and, thereafter, again by the above accused, who was the Additional Tahasildar, Bhubaneswar, in a Mutation Case in favour of one D. Jagannath Rao Dora. It was further mentioned in the FIR that said Smt. Manikmani Das, wife of Sri Sashi Bhusan Das was granted lease of a piece of land by the Endowment Commissioner, Bhubaneswar in O.A. No. 9 of 1956 on 06.09.1956, to an extent of Ac. 0.200 decimals vide 1939 settlement, khata No. 901, Plot No. 216 (part). During the subsequent settlement, the said land was renumbered as Plot No. 246 (part) under Khata No. 1878. The lessee executed a gift deed on 25.04.1968 in favour of her son-in-law Sri Radhamohan Patnaik and thereafter the said Radhamohan Patnaik sold the piece of land vide registered sale deed dated 08.11.1982 to one D. Jagannath Rao Dora. During the settlement operation, said D. Jagannath Rao Dora filed a rent case before the Assistant Settlement Officer, Bhubaneswar for recording his name in respect of the suit property on the basis of his purchase. After following due procedure and verifying the Amin report, the Assistant Settlement Officer directed for correction of the ROR for the said land in the name of D. Jagannath Rao Dora. Accordingly, the final ROR was issued in the year 1989 by the Settlement Officer, Bhubaneswar. In 1997, it was alleged that the said D. Jagannath Rao Dora once again filed a mutation case in the Court of the Additional Tahasildar, Bhubaneswar vide Mutation Case No. 6858 of 1997 and requested for necessary correction in the ROR on the basis of his purchase. His claim was that though during the settlement operation in the rent case, his name was recorded in respect of the said khata, but subsequently, by mistake, the land was recorded in the name of the G.A. Department. After registration of the mutation case, a report was called for from the R.I., who is the petitioner in C.R.L.M.C. No. 548 of 2007. Basing on such report, proclamation was made as required under law and thereafter maintaining all formalities, the Additional Tahasildar, (one of the petitioners) mutated the case land in favour of said D. Jagannath Rao Dora. It is also alleged in the FIR that though in the ROR, the forcible possession note of Sri Raghunath Mishra and Bishnu Charan Mallick was reflected, but before deciding the case, no notice was served on them and ultimately, on 03.02.1998, the mutation case was allowed. On the basis of the order passed, the record keeper corrected the record on 25.04.2008.