The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Jul-2024 18:12:29 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 29546 OF 2019 Bipin Harijan …. Petitioner Mr. S.S. Dash, Advocate -versus- State of Odisha and others …. Opp. Parties
Legal Reasoning
Mr. Amiya Kumar Mishra, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA Order No. 9. 1.
Decision
ORDER 22.07.2024 This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition seeks to assail the order dated 5th September, 2019 (Annexure-1 series) passed by the District Appellate Committee recommending forfeiture of the money seized from the Petitioner to the government exchequer and consequential order dated 23rd September, 2019 (Annexure-1 series) passed by the District Election Officer & Collector, Nabarangpur acting upon the said recommendation made by the Appellate Committee. 3. Mr. Dash, learned counsel for the Petitioner submits that a sum of Rs.1,60,000/- was seized by the patrolling party from the custody of the Petitioner while he was moving in Bolero bearing Registration No.OD-05H-4627. Pursuant to an application filed by the Petitioner to release the money in his favour, the matter was placed before the Appellate Committee. In the petition filed by the Petitioner for release of the money, it is stated that on 16th April, 2019, one Biswajit Choudhury @ Jitu Page 1 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Jul-2024 18:12:29 Choudhury of Nabarangpur had paid him Rs.1,60,000/- towards cost of materials and labour payment, which he was carrying in his Bolero bearing Registration No.OD-05H-4627. But, during hearing of the case on 19th June, 2019, the Petitioner stated that he received the money from Biswajit Choudhury @ Jitu Choudhury, Special Class Contractor, Nabarangpur towards payment of labour charges and hire charges of truck. Said Biswajit Choudhury @ Jitu Choudhury also in his evidence stated that he is a Super Class Contractor and hired two number of Tippers for supply of construction materials. But, the Appellate Committee holding that the Petitioner could not produce any evidence towards engagement of two Tippers and vouchers regarding purchase/supply of materials, directed for forfeiture of the said amount to the State exchequer. 4. It is his submission that the money was seized during the General and Assembly Election of 2019. There is no material on record to show that the money was collected or was proposed to be paid in connection with the said election. Thus, the Appellate Committee had committed an error in forfeiting the money to the State exchequer. He, therefore, prays or releasing the money in his favour. 5. Mr. Mishra, learned Additional Government Advocate, on the other hand, submits that during interrogation, the Petitioner had stated that the money was received by him from one, Abhisek Pathjosi, who was looking after PMGSY works at Khuntipadar of Kujajaniguda. But, during hearing of the case, it is stated by the Petitioner that he received the money from one, Biswajit Choudhury @ Jitu Choudhury Special Class Contractor, Page 2 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Jul-2024 18:12:29 Nabarangpur towards payment of labour charges and hire charges of truck. Said Biswajit Choudhury @ Jitu Choudhury also filed his evidence in affidavit stating that he is a Super Class Contractor and hired two number of Tippers for supply of construction materials. But, the Petitioner could not produce any evidence towards engagement of two Tippers and voucher regarding supply/purchase of materials. The Petitioner in another petition dated 16th April, 2019 addressed to PD, DRDA, Nabarangpur has also stated that Biswajit Choudhury @ Jitu Choudhury has paid the said amount to make payment for material and labour payment. Since the Petitioner could not produce any material to show that the money belongs to him, it was recommended to be forfeited to the State vide order dated 5th September, 2019 under Annexure-1. Consequent upon the said order, the District Election Officer & Collector, Nabarangpur vide his order dated 23rd September, 2019 forfeited the said amount to the Government exchequer. It is, thus, submitted that no illegality has been committed by the Authorities in forfeiting the amount to the State exchequer. 6. Taking note of the submissions made by learned counsel for the parties, this Court finds that during interrogation, the Petitioner had stated that he had received the money from one, Abhisek Pathjosi, who was looking after PMGSY works at Khuntipadar of Kujajaniguda. But, during hearing of the petition filed by the Petitioner for release of the money before the Appellate Committee, he stated that he received the money from one, Biswajit Choudhury @ Jitu Choudhury towards labour charges and hire charges of truck. Said Biswajit Choudhury @ Page 3 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Jul-2024 18:12:29 Jitu Choudhury was also examined by the Appellate Committee. In his evidence in affidavit, he has stated that he hired two numbers of Tippers for supply of construction materials. He has not stated about the payment of money to the Petitioner towards labour charges. The Petitioner could not produce any document with regard to ownership of the truck and supply/purchase of any materials. 7. In view of prevaricating statements of the Petitioner and his witness at different time before the Appellate Committee, a doubt was raised with regard to the ownership of the money seized from the Petitioner. In view of the above, the Committee recommended forfeiture of the money to the government exchequer. Accordingly vide order dated 23rd September, 2019, the District Election Officer & Collector, Nabarangpur forfeited the same to the government exchequer. 8. The Appellate Committee on assessment of evidence has arrived at a conclusion that the Petitioner has failed to produce any material with regard to ownership of the money. Thus, it rejected the prayer for release of money in favour of the Petitioner. Only because there is no material on record that the money seized was not being used by any candidate in the General/Assembly Election, the Petitioner does not become entitled to receive the money unless he establishes that he is the owner of the same. The same appears to have not been established in this case. As per the recommendation of the Appellate Committee, the District Election Officer & Collector, Nabarangpur had acted upon the same and forfeited the amount Page 4 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Jul-2024 18:12:29 to the government exchequer. Thus, I find no infirmity in the impugned orders under Annexure-1 series. 9. Accordingly, the writ petition being devoid of any merit stands dismissed. 10. Dismissal of the writ petition shall not preclude the Petitioner to work out the remedy, if any, available under law. Urgent certified copy of this order be granted on proper application. ms (K.R. Mohapatra) Judge Page 5 of 5