Orissa High Court
Subal Kishor Kar vs State Of Odisha And Another .... Opp. ... on 15 November, 2023
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 17-Nov-2023 13:14:27
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 599 OF 2023
Subal Kishor Kar .... Petitioner
Mr. Amit Prasad Bose, Advocate
-versus-
State of Odisha and another .... Opp. Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 15.11.2023
8. 1. This matter is taken up through hybrid mode.
2. Order dated 18th April, 2023 (Annexure-1) passed by learned Senior Civil Judge (WC), Bargarh in C.S. No.170 of 2016 is under challenge in this CMP, whereby an application filed by the Plaintiff-Petitioner to call for the records in O.E.A. Case No.11/5-426 of 1962-63 from the Tahasildar, Bargarh and some other documents, has been rejected.
3. Mr. Bose, learned counsel for the Petitioner submits that pursuant to the order passed in the aforesaid O.E.A. Case, the suit land was settled in the name of Dhirabati Dasiani, vendor of the Petitioner.
4. Considering the submission made by learned counsel for the Petitioner, this Court vide order dated 23rd June, 2023 directed to supply the certified copy of the said order to the Petitioner, but the case record could not be made available, as it is stated to have been lost. Accordingly, vide order dated 27th July, 2023, this Court directed as under:
"2. Mr. Bose, learned counsel for the Petitioner submits that from Annexure-C/2 to the counter affidavit filed Opposite Party Nos.1 and 2, it appears that case record Page 1 of 4 Signature Not Verified Digitally Signed // 2 // Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Nov-2023 13:14:27 of O.E.A. Case No.11/05-426-1962-63 was before the Sub-Collector, Bargarh in B.B.(Appeal) Case No.1 of 2016. Since the affidavit has been filed by the Tahasildar, Bargarh stating that the said case record is not available in his office, he prays for an adjournment to make an endeavour to obtain copy of the same in the office of Sub-Collector, Bargarh.
3. Mr. Mishra, learned Additional Standing Counsel also prays for an adjournment to file an affidavit stating as to whether F.I.R. for the loss of the aforesaid OEA Case record has been lodged in the meantime or not. In course of hearing, it appears that basing upon the rent schedule prepared in the name of Dhirabati Dasiani, different parcels of land involved in O.E.A. Case No.11/05-426-1962-63, have been settled in the name of different persons in Be-Bandobasta Case Nos.892 of 1982 and 78 of 2001. It is thus suggested by Mr. Mishra, learned Additional Standing Counsel that the Petitioner may get the certified copy of those records to justify his claim in the suit.
4. In view of the above, the Tahasildar, Bargarh is also required to file an affidavit stating as to whether Be-Bandobasta Case Nos:892 of 1982 and 78 of 2001 relate to the land in the aforesaid O.E.A. Case.
5. Put up this matter on 28th August, 2023.
6. Instruction, if any, shall be obtained by learned counsel for the Petitioner and the affidavit, as directed, shall be filed in the meantime.
7. The interim order dated 13th June, 2023 passed in I.A. No.563 of 2023 shall continue till the next date.
8. Certified copy of the case record in the aforesaid Be-Bandobasta Case be supplied to the Petitioner, if applied for.
9. As requested, a copy of this order be handed over to Mr. Mishra, learned Additional Standing Counsel for communication and compliance."
5. Pursuant to the said direction, an affidavit has been filed by the Tahasildar, Bargarh on 30th October, 2023. Relevant paragraphs of the said affidavit are quoted hereunder:
"7. That it is humbly submitted that the Sub- Collector, Bargarh in Appeal Case No. 01/2016 has clearly held that the rent schedule in respect of the case holding has not been considered and the Plot No.1790 Page 2 of 4 Signature Not Verified Digitally Signed // 3 // Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Nov-2023 13:14:27 A.0.22 dec and Plot No.1791 A 0.18 dec are settled in Rayati Status in the name of Dhirabati Dash and others.
On remand from the Court of the Sub-Collector, the Tahasildar, Bargarh took up the Be-Bandobasta case No.78 of 2001 and by Order dated 11.05.2023 (copy enclosed as ANNEXURE-G/2) the Be- Bandobasta case has been disposed of wherein the rent schedule submitted by Dhirabati Dash has been accepted by the Office of the Tahasildar, Bargarh and it has been held that the property stood recorded in the name of Dhirabati Das in Rayati Status. However, since the vendor was not the present petitioner, order passed in Be-Bandobasta case No.78/2001 does not concern either this sale made by Dhirabati Dash to the present petitioner or is no way connected to the property involved in C.S. No.170/2016 pending before the Senior Civil Judge (WC), Bargarh.
However, it is not out of place to mention here that the Office of the Tahasildar, Bargarh has accepted the statement of Rent in favour of Dhirabati Dash in O.A. Case No. 11/05-426-1962-63 on the basis of the rent schedule filed in Be-Bandobasta case and in consonance of the Order of the Sub-Collector, Bargarh. Therefore, it is humbly submitted that there is no defect in the title of Dhirabati Dash by virtue of the settlement in O.E.A. Case No.11/05-426-1962-63.
8. That the present deponent begs unconditional apology for delay in filing the present Affidavit pursuant to Order dated 27.7.2023 passed by this Hon'ble Court. It is further humbly submitted that the present deponent has joined as Tahasildar, Bargarh-cum-Revenue Officer w.e.f. 10.10.2023 and after joining, he has immediately complied with the Order dated 27.7.2023 of this Hon'ble court by filing the present affidavit."
6. In view of the affidavit filed by the Tahasildar, Bargarh, Mr. Bose, learned counsel for the Petitioner submits that since the endeavour of the Petitioner was to prove that Dhirabati Dasiani was settled with the land in Raiyati Status, he may obtain the certified copy of this affidavit and produce the same before learned trial Court for acceptance in. evidence.
7. Mr. Mishra, learned Additional Standing Counsel submits that the averments made in Paragraphs-7 and 8 of the Page 3 of 4 Signature Not Verified Digitally Signed // 4 // Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Nov-2023 13:14:27 affidavit clearly discloses that the land was settled in favour of Dhirabati Dasiani in Raiyati Status.
8. In view of the above, this Court disposes of the CMP with a direction that in the event the Petitioner files an application to admit the certified copy of the affidavit filed by the Opposite Party No.2 in this CMP, the same shall be accepted in evidence following due procedure of law.
9. As requested, a copy of this order shall be made over to Mr. Mishra, learned Additional Standing Counsel for communication and compliance.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
ms Judge
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