SURENDRA KUMAR BHUNYA Vs. COLLECTOR CUTTACK

JUDGEMENT

(1.) Neither the nor the appear when the case was called for hearing.

(2.) Having gone through the records of the court below and the memorandum of appeal as well as the counter filed by Opposite Party No.3, we find that the grievance of the Complainant is that he had applied for certified copies of 'ekpadia' and 'tenancy Ledger' in respect of certain properties which were necessary to be filed in a suit pending before the Munsif, Jagatsinghpur. The Complainant has stated that he had filed all the requisites necessary for the purpose. But the application for grant of copy was rejected by the Tahsildar, Tirtol. Non-supply of certified copies to the Complainant has been described as deficiency of service on the part of Opposite Parties 2 and 3 and the Complainant has alleged to have suffered loss to the extent of one lakh and one thousand rupees, which has been claimed in this Forum. In the order rejecting the application for grant of certified copy, it has been stated that the application was rejected as per the circular of the Collector dated 21-2-1985. In the counter filed by Opposite Party No.3, the same stand has been taken. The Complainant has alleged that the documents of which certified copies were applied for are public documents. At the time of vesting the intermediaries were required to submit a list of their properties indicating the tenants, if any, in respect of the vested lands on the date of vesting. The same cannot be termed as a public documents within the meaning of Sec.74 of the Evidence Act. So far as Tenancy Ledger is concerned, nothing has been indicated as to who prepared that Tenancy Ledger and, therefore, it is difficult to conclude that the same are public documents. If the aforesaid documents are necessary to be produced in a pending suit and certified copies were refused to be granted it is open to the claimant to call for the originals from the office of the Tahsildar through Court. The question of suffering loss does not arise in such circumstances.

(3.) We do not find any merit in this case and accordingly the same is dismissed.