NITYANANDA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner - Nityananda Behera, inter alia, with the following prayer: The petitioner's respectful submission is that this Hon'ble Court may graciously be pleased to consider the facts, circumstances, helplessness of the petitioner and the malafied intention of the opp. parties to deprive the petitioner from taking over the charge of his stolen Trawler and make it ruined causing irreparable loss to the poor petitioner and it is essential on his part to get back the Trawler after repair and colouring as agreed by both the parties. For which the local Police may kindly be directed to take necessary steps for compliance of the agreement between the petitioner and accused Rabindra Behera; And to pass an order directing the O.P. No.6 to pay compensation for his act of abatement to cause severe loss to the petitioner by theft of his trawler and to the O.P. No.7 for her deliberate negligence on giving possession of the Trawler and made it damaged causing irreparable loss to his life and livelihood within a stipulated time;

(2.) IT is submitted on behalf of the petitioner that the petitioner was working as trawler driver/operator in a trawler known as "MAA ANANDAMAYEE" and was fishing in the Paradeep Port since 1995. It is asserted that the trawler owner, namely, Debasis Choudhuri wanted to sale the trawler and on being approached by one Sampad Swain, the petitioner purchased the same by selling part of his landed property and homestead and by borrowing some amount from close relatives. The petitioner -Nityananda Behera claims to have purchased the said trawler along with one Ramakanta Behera jointly on payment of Rs.3,55,001/ - and the sale deed was effected on 23.02.2001. The said sale deed was kept with the Digha Fishermen and Fish Traders Association which was to be handed over to the petitioner after payment of balance amount. It is stated that out of the sale consideration of Rs.3,55,001/ -, a sum of Rs.3,25,001/ - was paid on 24.11.2000 and balance Rs.30,000/ - was to be paid within dt.20.12.2000. It appears that subsequently the joint purchaser, Ramakanta Behera withdrew his share and was paid his invested amount by the petitioner. An affidavit to that effect was sworn to on 01.08.2001 under Annexure -2. By that event, it is claimed that the petitioner became the sole owner of the trawler "MAA ANANDAMAYEE".

(3.) AFTER purchasing the trawler, the petitioner claims to have brought the trawler to the harbour and spent about Rs.85,000/ - on repairing and colouring the vessel. It appears that on 19.11.2001 the trawler was stolen from the Jetty harbour of Paradeep for which the petitioner lodged F.I.R. before the Paradeep Police Station and since the same was not registered, he had to moved the court of the learned J.M.F.C.(P), Kujang vide Misc. Case No.636 of 2001 with a prayer to direct the police to take necessary action. Pursuant to such a direction, Paradeep P.S. Case No.338 of 2002 came to be registered for offence punishable U/s.341,294,379,506/34 of the I.P.C. After registration of P.S. Case, investigation commenced. It appears that on 22.11.2001 police received information that the trawler was likely to be at Kakatpur. They informed the petitioner to accompany them and on such it was found that the accused Rabindra Behera, who had absconded, has stolen the trawler. His house was searched by the police and some of the accessories of the concerned trawler were seized. As per the seizure list, the trawler "MAA ANANDAMAYEE" was also seized and some other accused persons were arrested by the police. On the next day, the petitioner was called to Kakatpur Police Station and the I.O. asked the petitioner to come on the next day to take possession of the seized material along with the trawler. On the next day, the petitioner went to Paradeep Police Station despite the assurance of the I.O. Kakatpur Police Station that the trawler would be given to him and was called upon to sign certain documents in blank. He was told by the I.O. that the blank papers are the zimanama which had been filled up by the time of taking possession of the stolen trawler as well as seized materials. It is stated that in spite of repeated visit to the P.S., the petitioner became penniless and was never given delivery of the trawler and seized materials. When the petitioner repeatedly requested the I.O. Kakatpur Police Station as to why possession was not being given, it is stated that he responded by saying that possession had already been given since zimanama had already been signed by the petitioner.