SUBRAT KUMAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This CRLMC has been filed for quashing the FIR in Cuttack Vigilance P.S. Case No. 53 of 2010, the chargesheet dtd. 25/7/2017 and the proceedings qua the petitioner pending before the learned Special Judge, Vigilance in T.R. Case No. 08 of 2018. Chargesheet has been submitted against the petitioner and six others for commission of offences punishable under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act (in short " PC Act"), Ss. 420, 468, 471, 120-B of the Indian Penal Code (in short "the IPC") and Sec. 3-B of the Forest Conservation Act (in short "FC Act" ). The application filed by the petitioner under Sec. 239 of the Cr.P.C on 24/8/2021 for discharging him has been rejected by the learned Special Judge, Vigilance, Cuttack.

(2.) The prosecution case in brief is that on 1/3/2008, the Petitioner took charge as Tahasildar at Vyasanagar (Jajpur Road), District-Jajpur. On 24/10/2008, one Sri Sitaram D, Director of M/s Mohan Projects Constructions Pvt Ltd of Hyderbad, had purchased two plots in Mouza Jamuposi and Dhanurjayapur under Vyasanagar Tahasil, under two registered sale deeds ( in short "RSDs"). As per the record of rights published in the year 1928, their kisam was "Salua Jungle". In the sale deeds their kisam was mentioned as "Biali" which is agricultural. The Sub Registrar in charge registered the sale deeds without verifying the kisam of the land as required under the guidelines issued by the Inspector General of Registration (in short "IGR"). Sri Sitaram applied for conversion of the lands on 28/1/2009 for industrial use. Upon receipt of the applications, the Petitioner instituted OLR Cases No. 66/2009 and 67/2009 on the same day and directed the Revenue Inspector ( in short "RI") Duburi to verify the field position and ROR and submit a detailed report. The provisions of Rule - 29 and 39 of the Orissa Mutataion Manual were not followed. The petitioner did not obtain clearance from the Kalinga Nagar Development Authority under Rule 8-A(1) (I) and without perusing the tenant ledgers or the Sabik RoRs. He allowed the conversion within a period of ten days (29/1/2009 and 6/2/2009). On the direction of the Collector, Jajpur, the Additional Collector enquired into matter on 4/9/2009 and submitted a report on 23/9/2009 regarding the illegalities fixing the blame on the Tahsildar (petitioner), the R.I., in charge Sub Registrar.

(3.) On 8/10/2009, the Revenue Supervisor, Danagadi tahasil preferred an appeal against the conversion orders dtd. 30/1/2009. On 4/12/2009, the Sub Collector Jajpur set aside the conversion orders dtd. 30/1/2009. The applicant-Sri Sitaram D filed appeal in the Court of the Additional District Magistrate (in short "ADM") Jajpur. On 19/12/2012, the appeals were rejected by the ADM and the orders of the Sub- Collector were upheld.