The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25099 of 2023 Baidhar Sahoo and others …. Petitioners Mr. Shivsankar Mohanty, Advocate -versus- State of Odisha and others
Legal Reasoning
…. Opposite Parties Mr. Debakanta Mohanty, A.G.A. for the State CORAM: THE CHIEF JUSTICE JUSTICE SAVITRI RATHO Order No. 01. 1. Heard Mr. Shivsankar Mohanty, learned counsel appearing for
Decision
ORDER 25.08.2023 the Petitioners. 2. This is the writ petition in the nature of Public Interest Litigation (PIL) urging this Court to direct the State-Opposite Parties No.1 and 2 to conduct an inquiry on the “fraudulent transactions” of leasehold plots comprised in Khata No.489/54 attracting total area of Ac.99.000decimal of Mouza-Patia, PS-New Capital, Tahsil- Bhubaneswar, Dist-Khurdha. It has been further urged that the disciplinary action shall be taken against the Opposite Party No.3 for registering the deeds of transfer in respect of the leasehold plots. Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 10:24:26 Page 1 of 5 3. Mr. Mohanty, learned counsel appearing for the Petitioners has drawn our attention to the notice dated 20.06.2023 (Annexure-10 series to the writ petition) and has contended that the elaborate details of the sale deeds has been referred in the said notice. 4. We extract the details of the questioned documents from the said notice hereinafter: “(i) Sale Deed Dated 16.12.1995 executed between Surendranath Dwivedi pow of Prahallad Bhoi and Orissa Waste Land Development & Mixed Farming Co-Operative Society Ltd. Cuttack before the District Sub-Registrar, Khurdha appertaining to Khata No. 489/54,Plot No.516/1685, an area Ac. 0.300 dec. out of Total Area-Ac.0.500 dec. Kissam- Baje Fasal of Mouza- Patia, P.S.-New Capital, Tahsil- Bhubaneswar, Dist- Khurdha. The above land is a lease hold land and showing the land is not a Leasehold property, the fraudulent transaction has been done. (ii) Sale Deed Dated 03.06.1997 executed between Surendranath Dwivedi pow of Prahallad Bhoi and Orissa Waste Land Development & Mixed Farming Co-Operative Society Ltd. Cuttack before the District Sub-Registrar, Khurdha appertaining to Khata No. 489/54, Plot No.516/1685, an area AC. 0.500 dec. out of Total Area-Ac.0.500 dec. Kissam- Baje Fasal of Mouza- Patia, P.S.-New Capital, Tahsil- Bhubaneswar, Dist- Khurdha. The above land is a lease hold land and showing the land is not a Leasehold property, the fraudulent transaction has been done. (iii) Sale Deed Dated 21.06.1997 executed between Orissa Waste Land Development & Mixed Farming Co-Operative Society Ltd. Cuttack and Tushar Kanti Tripathy before the District Sub-Registrar, Khurdha appertaining to Khata No.489/54, Plot No. 516/1685, an of 0.500 Total Area- Ac.0.500 dec. Kissam- Baje Fasal 2 of area dec. Ac. out Page 2 of 5 Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 10:24:26 Mouza-Patia, P.S.- New Capital, Tahsil- Bhubaneswar, Dist-Khurdha. The above land is a lease hold land and showing the land is not a Leasehold property, the fraudulent transaction has been done. (iv) Sale Deed Dated 31.08.2001 executed between Tushar Kanti Tripathy and Ramniklal Patel before the District Sub-Registrar, Khurdha appertaining to Khata No. 489/54, Plot No. 516/1685, an area Ac. 0.250 dec. out of Total Area-Ac.0.500 dec. Kissam- Baje Fasal 3 of Mouza- Patia, P.S.-New Capital., Hal P.S.- Dist- Chandrasekharpur, Khurdha. lease hold land and showing the land is not a Leasehold property, the fraudulent transaction has been done. Tahsil-Bhubaneswar, a land above The is (v) Sale Deed Dated 31.08.2001 executed between Tushar Kanti Tripathy and Ramesh Patel before the District Sub-Registrar, Khurdha appertaining to Khata No. 489/54, Plot No. 516/1685, an area Ac. 0.250 dec. out of Total Area-Ac.0.500 dec. Kissam- Baje Fasal 3 of Mouza- Patia, P.S.-New Capital, Hal P.S.- Dist- Chandrasekharpur. Khurdha. lease hold land and showing the land is not a Leasehold property, the fraudulent transaction has been done. Tahsil-Bhubaneswar, a land above The is the District (vi) Sale Deed Dated 26.06.2020 executed between Ramniklal Patel and M/s Arundhati Jewellers Pvt. Ltd. before Sub-Registrar, Khurdha appertaining to Mutation Khata No. 474/3214, Plot No. 516/1685/5668, an area Ac.0.250 dec. Kissam- Gharabari of Mouza- Patia, P.S.- New Capital, P.S. No.- 1, Hal P.S.-Nandankanan, Tahsil-Bhubaneswar, Dist- Khurdha corresponding to Khata No.489/54 and Plot No. 516/1685. The above land is a lease hold land and showing the land is not a Leasehold property, the fraudulent transaction has been done. (vii) Sale Deed Dated 26.06.2020 executed between Ramesh Patel and M/s Arundhati Jewellers Pvt. Ltd. Sub-Registrar, Khurdha Before the District Page 3 of 5 Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 10:24:26 of Mouza- appertaining to Mutation Khata No. 474/3231, Plot No. 516/1685/5669, an area Ac.0.250 dec. Kissam- Gharabari P.S.-New Capital, P.S. No.- 1, Hal P.S.-Nandankanan, Tahsil- Bhubaneswar, Dist- Khurdha corresponding to Khata No.489/54 and Plot No. 516/1685. The above land is a lease hold land and showing the land is not a Leasehold property, the fraudulent transaction has been done.” Patia, 5. Mr. Debakanta Mohanty, learned Additional Government Advocate appearing for the State-Opposite Parties has submitted that if the allegations as made in this petition are found truthful, then those are very serious allegations. At this stage, an inquiry has to be conducted and for that purpose, the necessary direction may be issued upon the Additional Secretary to Government of Odisha, GA & PG Department-cum-Director of Estates, Odisha, Bhubaneswar. 6. Mr. Shivsankar Mohanty, learned counsel for the Petitioners has not shown any reservation about the suggestion made by Mr. Debakanta Mohanty, learned Additional Government Advocate. 7. In view of the said consensus, we direct the Additional Secretary to Government of Odisha, GA & PG Department-cum-Director of Estates, Odisha, Bhubaneswar to make an inquiry in respect of the allegations made in the notice dated 20th June 2023 (Annexure-10 series to this petition). It is made clear that the persons, in whose Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 10:24:26 Page 4 of 5 favour those sale deeds have been executed, shall be given opportunity of hearing. If after the enquiry, it is found that those transactions are illegal and un-authorized, the Government of Odisha shall take appropriate step in accordance with law. Such exercise will be completed within three months from the date of receipt of the order from the Petitioners. 8. The writ petition is accordingly disposed of. Issue urgent certified copy of this order as per rules. A copy of this order be furnished to the learned counsel for the parties forthwith. (S. Talapatra) Chief Justice Judge S.K. Guin (Savitri Ratho) Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 10:24:26 Page 5 of 5