Fraudulent mutation of land in favour of a Stranger in Jagatsingpur Tahasil

Fraud in Quasi judicial power warrants penal prosecution

Jagatsinghpur: 25.01.2013: Odisha Bulletin Bureau: Mutation of land goes to stranger in Jagatsinghpur Tahasil. Now-a-days, there has been remarkable change in the revenue administration of the State aiming at people friendly mechanism and a great deal of exercise  being put to remove all difficulties in complex principle of revenue laws .In one hand ,the Govt ,Department of Revenue under the renovation  measure of Mr.Tara Dutta , lot of proactive action are put in the pipelines and many thing already achieved;but the corrupt officers below the line are still haunted with their eagle -haunting eyes to over ride the laws and derive benefit for themselves.

One such case now surfaced in the probing of the Bureau ,the case at hand relates to one   Sahibhusan Acharya an old man of 80 years native of mauza :Mallapur,P.O: Kotian -Baranga ,via-Baduapada in the district of Jagatsinghpur presently staying in Bhubaneswar has become a victim to the fraudulent mutation of his land building by the Ex-Addl. Tahasildar B.C.Nayak  in favour of one Kamini Mishra W/o Prasant Kumar Mishra ,Jagatsinghpur .

On probing the issue,it is learnt from the records ,Kamini Mishra 's husband is one of the followers of the local M.L.A Bishnu Charan Das who was once made infamous for manipulation of his son's mark sheet in board examination . Point to be understood ,Smt Kamini Mishra taking the advantage of the absence of Sashibhusan Acharya and his family members at their native place ,  had once filed a Civil Suit no. 59/2005 claiming title over the property of Sashibhusan Acharya but could not succeed and the said suit was dismissed vide order dtd 16.09.2006 by the learned civil Judge (Sr.Div) Jagatsinghpur .

But Smt. Mishra could not stop there and tried to explore the possibilities how to hijack the property of Sashibhusan Acharya and therefore ,privileged with her husband's political link with local M.L.A has prevailed over the local Tahasil administration when one B.C.Nayak was the Addl. Tahasildar of Jagatdingpur .As learnt ,they have devised a scheme in collusion with the local Notary Mr. B.B.Mohanty Regd no. 02/2002 and thereby , an Agreement for Sale was prepared on 3o.12.2006 incorporating clauses like Sale Deed and the said instrument had then been registered with the said Notary .although the the instrument was named as Agreement for Sale but the text of the instrument more like Sale Deed quoting payment of cash of Rs 20,00,000/-(Rupees Twenty lakhs )being paid to the owner of the land namely Sashibhusan Acharya, the quoted para 3 reads as : 3) That to-day in presence of the following witnesses the 2nd party(Kamini Mishra ) has paid the  entire amount of Rs 20,00,000/-(Rupees Twenty lakhs ) only to the first party and took delivery of possession of the said land and building from the Ist Party .4) that from to-day on wards the Ist party has no objection or he will not raise any objection in future if the schedule property and building is mutated in the name of the 2nd party ,rather the Ist Party has given his consent through this agreement to record /mutate the schedule property in the name of the 2nd party by filling Mutation case before the Tahasildar ,Jagatsingpur.5) that from to-day the Ist party has relinquished all his right ,title,interest and possession in respect of the schedule land and building in favour of the 2nd party and the schedule property hence this agreement ."

In view of such Agreement for Sale being notarized ,Kamini Mishra has submitted her mutation application before the Tahasildar ,Jagatsinghpur vide Mutation Case no. 2683/2007 .Surpringly ,the R.I Jagannath Nayak has submitted his report making the property free from encumbrances on the basis of which the Addl. Tahasildar B.C.Nayak passed the order of mutation on 18.02.2008.

in spite of such mutation being carried out over the property ,the correction was not reflected as a result ,the title holder and owner Sashibhusan Acharya has deposited the rental dues of the property to the R.I on 2.1.2010 and nothing wrong he has ever smelt out but on account of Web Portal ,the owner is learnt to have downloaded the ROR from which he got to know that his land has been recorded in favour of Kamini Mishra and all his efforts are rendered futile to ride over the fraud meted out to his property because the local administration ,police and the mechanism set up in Jagatsinghpur under the political patronage of local leaders has covered the area with the cloud of terrorism as a result the owner advanced in his age more than 80 does gather courage to visit his native place and so also his family members .husband of Kamini happens to be the Hench man of the local M.L.A .

now question haunts ,in the strict mechanism as to how a Tahasildar holding a quasi judicial revenue court has pronounced the order of mutation and the lease deed and all other signatures shown to have been taken in different papers including the documentation before the Notary B.B.Mohanty are all forged and not a single date Sashibhusan Acharya has visited the office or the Notary nor he has eve contributed his signatures ,Sri Acharya states.

Element of strong collusion between the Addl.Tahasildar,R.I,Notary B.B.mohanty,Kamini Mishra ,her husband and other officials in the Tahasil is foisted only to defraud the property of private land owner as well as Govt money pabale at the time of registration of land .the notary B.B.Mohanty appears to have cross ed all his limits of being a notarian having acknowledged an unlawful sale deed in the name of Agreement for sale .Law demands stringent action.Let see how ,govt reacts and as to how human rights under the umbrella of Human Rights Commission is protected .