BAIDYANATH KAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is apprehending arrest for the alleged commission of offence under Sections 467, 468, 471, 166, 167, 175, 176, 177, 181, 182, 183, 186, 189, 193, 120-B/34 of the IPC in G.R. Case No. 1070/2015 of the Court of learned SDJM, Baripada, arising out of CID, C.B. PS. Case No. 29/2015.

(2.) The petitioner is retired Government servant. The case relates to his tenure as Tahsildar, Baripada from 1997-2001. The case of the prosecution is that land measuring Ac. 724 decimals situated in Mouza Debendrapur, Baripada belongs to the State of Mayurbhanj and was recorded in the sabik khata No. 65/1 as "Hasilat Madhyasatwadhikari" (intermediary interest) in the name of Dulal Chandra Addy and Jitendra Nath Addy. After passing of the Odisha Estate Abolition Act, as per the provisions of Section 8-A of the said Act, intermediary interest was vested to the Government of Odisha. None of the ex-intermediaries filed any statutory claim under Section 8-A (I) of the O.E.A. Act within the stipulated period of six months. So, the right of the intermediary was extinguished and the Stale Government became absolute owner of the land in question.

(3.) Suppressing the said material facts on record, one of the ex-intermediary-Jitendra Nath Addy entered into a fraudulent monthly tenancy agreement with the Divisional Manager, erstwhile Orissa Forest Corporation Ltd. on 15.01.1975 for use of the said land for its timber depot. The Orissa Forest Corporation was later on renamed as Orissa Forest Development Corporation Ltd., On the advice of the Tahsildar, Baripada, in letter No. 2846 dated 19.03.1994, the payment of rent was stopped as the said land has already vested with the State Government.