In an open challenge to the Bhubaneswar Sub-Divisional Judicial Magistrate (SDJM) and Civil Judge, Senior Division courts, the Bhubaneswar Tehsildar has allegedly allowed a land of one Subhasish Roy at Jaydev Vihar area in favour of another party, JRC Resources Pvt ltd (C/o Pramod Jain, S/o Chandrabhanu Jain, Bargarh), considering fraudulently prepared false and fabricated documents.
Meanwhile, the SDJM court has directed the Badagada police station IC to register an FIR filed by Roy against the Bhubaneswar Tehsildar and investigate the matter.
According to Roy, he purchased a land of two decimals on plot number 1464/3638, Khata No. 453/1869 of Mouza Bhubaneswar, Unit No 16, Jaydev Vihar under New Capital police station, Bhubaneswar Teshil in Khurda district and in peaceful possession of the land by virtue of a civil court decree and order dated September 13, 2011 based on which the Nazir, Civil Court executed a registered sale deed on September 14, 2011.
As per the sale deed conditions, purchaser Subhasish Roy shall apply to mutate his name in the Tehasil and Municipality and also before the Settlement Authority in place of the vendor Amal Krushna Chhanda, to which, the vendor shall raise no objection, and if he raises any such objection, the same shall be rejected on the strength of this sale deed, Roy said.
Roy further stated that as per the conditions imposed by the Civil Judge, Senior Division, he filed a mutation case number 19281 of 2011 before the Tehsildar with all relevant records for effecting the mutation order, which was granted in his favour following which he paid rent as due to the Tehsildar and obtained rent receipt for the year 2011-12.
Recently when Roy went to pay the land revenue for the current year, he came to know that the Tehsildar, allegedly violating orders of the Civil Judge (Senior Division) and in connivance with the parties allowed the land in favour of the vendor and another namely JRC Resources Pvt ltd.
On verification, he came to know that the Additional Tehsildar has issued this document on the basis of misc case number 13552/2011. On further search and verification of the case records, it was found that in the sale deed arising out of misc case number 13552/2011, the land refers to Khata No. 707/58 plot No. 1463/2261 in Bhimpur Mouza which is in no way connected to the plot of Roy.
Having been convinced that no judicial order has been passed in contrary to the orders of the Civil Judge (Senior Division) dated September 13, 2011 and consequential execution of the sale deed dated September 14, 2011 in his favour, Roy filed a mutation case no. 14176 of 2013 on June 7, 2013 before the Tehsildar with a prayer to set aside the erroneous order and make necessary correction in respect of his plot as per the mutation case no 19281 of 2011 and sale deed of September 14, 2011 executed as per the orders of the Civil Judge (Senior Division).
Failing which Roy filed a petition at the Bhubaneswar SDJM court. On June 17, the SDJM heard the petition against the Tehsildar and others for commission of offences under section 420/425/426/423/418/419/120-B/167/166 of IPC and directed the Badagada police station IIC to register the complain filed by Roy within 24 hours of receipt of the complain along with complain petition for investigation u/s 156 (3) of CrPC and to report compliance.