SWAPAN KUMAR SEAL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This writ petition challenges the order dated 18.12.2017 passed by the Tahasidlar, Danagadi, Jajpur, opposite party no.2, whereby and whereunder, the opposite party no.2 deferred the hearing of the Mutation Case No.438 of 2017, since the records of the case has been seized by the Vigilance Department.

(2.) The case of the petitioner is that by virtue of a compromise decree dated 29.02.1944, Manmath Kumar Seal, father of the petitioner became the exclusive owner of an area of Ac.105.28 dec. of land of Mouzas-Kandaba, Dhanurjaypur, Jamuposi and Baliapal in the district of Jajpur. Delivery of possession of the property was made to the father of the petitioner and rent was accepted from him. Manmath died leaving behind his widow, six sons and one daughter. The property was the joint property. By means of a Registered Partition Deed dated 22.11.1969, Ac.13.32 dec. of land was allotted in favour of the petitioner, out of which, Ac.3.45 dec. of land out of Plot No.426/438 and Ac.9.87 dec. of land appertaining to Khata No.43/1504, Plot No.1/437 of Mouza-Dhanurjaypur is the subject matter of dispute. On 13.3.2012, petitioner filed an application for demarcation of the land allotted to him before the opposite party no.2 Annexure-3. Since no demarcation was made, he approached the Collector, Jajpur. By order dated 19.3.2012, the Collector directed the Tahasidlar for demarcation of the land within thirty days. Thereafter, petitioner filed Mutation Case No.276 of 2012 before the opposite party no.2 for mutation of the property. The opposite party no.2 directed the Amin for measurement/demarcation of the suit property before mutation, as there was forest land in the area. On 04.07.2012, measurement of the suit land was done in presence of the petitioner and representatives of the Forest and Revenue Department. Amin submitted a report on 5.7.2012 stating that he has identified the suit property and found the same being distinct and separate from any forest land. The petitioner filed W.P.(C) No.14969 of 2012 before this Court for a direction to the opposite party no.2 to dispose of the mutation case. The writ petition was disposed of on 29.9.2014 with a direction to the Tahasildar to dispose of the Mutation Case No.276 of 2012 within a period of three months from the date of production of the order. By order dated 27.11.2014, the opposite party no.2 rejected the petition of the petitioner holding that his predecessor had already disposed of the mutation case by order dated 03.08.2012. Assailing the said order, he filed Appeal No.61 of 2014 before the Sub-Collector, Jajpur. The appeal was dismissed on 25.07.2015. Thereafter, petitioner filed revision case u/s. 32 of the Orissa Survey and Settlement Act, vide OSS Case No.138 of 2015. The revision was disposed on 28.11.2015 with an observation that the opposite party no.2 should be authorized to do the mutation in respect of the said village or Government in Revenue and Disaster Management Department should be moved accordingly. The Secretary Board of Revenue was directed to write to Principal Secretary, Revenue and Disaster Management Department. On 04.02.2016, the Secretary, Board of revenue wrote a letter to the Principal Secretary to Govt., Revenue & Disaster Management Department explaining the situation prevailing at village Dhanurjaypur due to Notification dtd.23.04.1980 and order for suspension of the settlement operation issued in 1991.

(3.) According to petitioner, Vigilance Case has no connection with regard to the property of the petitioner. The land of Manmath Kumar Seal has been partitioned by a Registered Sale Deed dated 22.11.1969. The suit property has been allotted in favour of the petitioner. Barun Kumar Seal, brother of Manmath was allotted an area of Ac.9.37 dec. from Plot No.426/438 under Khata No.43/1504 of Mouza-Dhanurjaypur. His brother alienated the property to one M/s. Mohan Project Contractors Pvt. Ltd. by means of a registered sale deed dated 24.10.2008. The sale was detected by the Vigilance Department to be an outcome of fraud by falsely projecting the Kisam of the land. Accordingly Vigilance Case No.53 of 2010 was initiated against the SubRegistrar, Sukinda for alleged violation of Inspector General of Registration instruction, which corresponds to T.R. Case No.8 of 2018 of the Vigilance Court, Cuttack. The allotment made by the petitioner is totally distinct and separate, which had been identified upon due demarcation under Annexure-6. With the factual scenario, the petitioner seeks for a direction to the Tahasidlar, Danagadi, opposite party no.2 to dispose of the Mutation Case No.438 of 2017 and for a direction to the Superintendent of Police, Vigilance Department, Cuttack, opposite party no.1 to transmit the case records to opposite party no.2, enabling the latter to dispose of the same.