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Judgment
In compliance of the previous order dated 31st January, 2023 passed by this Court in CONTC No.1860 of 2022, Mr. Vijay Amruta Kulange, Commissioner, Bhubaneswar Municipal Corporation, Mrs. Minakhi Das, Addl. Tahasildar, Bhubaneswar and Mr. Gyanaranjan Sahoo, District Sub-Registrar, Khurda are present in Court today along with records.
Learned Advocate General, on examination of the records with the assistance of the officials present, concedes that the Mutation No.5901 of 2021 in favour of Shree Shree Lingaraj Mahaprabhu has been entered on the basis of sale deed dated 18th February, 2021 executed by the vendor-Sangram Keshari Garabadu @ Sangram Garabadu. It is also conceded, upon instructions from the officials present, that the sale price mentioned in the sale deed has not been paid to Shri Sangram Keshari Garabadu @ Sangram Garabadu although a recital to the contrary does find mention in the sale deed. It is also conceded that Sangram Keshari Garabadu @ Sangram Garabadu had purchased the land in question from the previous owner- Shri Gurupada Nath vide RSD dated 4th October, 1985 registered at Kolkata, which has never been put to challenge by anybody including the previous owner-Shri Gurupada Nath, who however continued to be reflected as the recorded owner of the land in question due to mutation (based on the RSD dated 4th October, 1985) NOT having been effected in favour of Shri Sangram Keshari Garabadu @ Sangram Garabadu. Thus, merely because Shri Sangram Keshari Garabadu @ Sangram Garabadu is not reflected in the Revenue of Records as the owner, does not change the legal and factual position that Vendee-Shree Shree Lingaraj Mahaprabhu has got the title from Vendor- Shri Sangram Keshari Garabadu @ Sangram Garabadu (based on his title derived from the RSD dated 4th October, 1985) and therefore would be required to pay the sale consideration to Shri Sangram Keshari Garabadu @ Sangram Garabadu and him only.
It is also not disputed that after the execution and registration of the sale deed dated 4th October, 1985, Shri Sangram Keshari Garabadu @ Sangram Garabadu has remained in peaceful possession till the time he handed over the possession to the Bhubaneswar Municipal Corporation (BMC) at the time of execution of the sale deed dated 18th February, 2021.
The disturbing thing which has come to the fore is that Shri Kamaljit Dash, the then Deputy Commissioner, (Land and Enforcement), BMC has filed his affidavit dated 8th December, 2022 in the present Contempt Petition wherein the Paragarph-16 of the same reads as under:
“16. That so far sale deed executed by the petitioner in favour of BMC is tainted with fraud because though the petitioner has not right title and interest over the suit land but he has executed the sale deed in favour of BMC behind its back. Because no officer of BMC has been authorized by the Commissioner for execution of the said sale deed and the signature of Deputy Commissioner, (Land & Enforcement) has been forged. The copy of the said sale deed executed by the petitioner dt.18.2.2021 is annexed herewith as Anx-J.”
Learned Advocate General, on instructions from Mr. Vijay Amruta Kulange, Commissioner, BMC, is unable to dispute that the aforesaid contents of the affidavit submitted before this Court are incorrect, however, in our considered view, they are false and contumacious and an effort to completely mislead the Court in the most brazen manner.
At this stage, learned Advocate General has tendered his own sincere apologies on behalf of the officer for this aforesaid blunder, however assures the Court that appropriate disciplinary action shall be initiated against him and concluded within three months from today and the findings along with punishment imposed shall be placed before the assigned Bench hearing contempt matters.
We would have normally proceeded to initiate contempt proceedings against the said officer, however in view of the apologies tendered by the learned Advocate General and assurance given, we refrain ourselves from proceeding in contempt against the said officer at this stage.
Learned Advocate General further submits that the competent authority would revisit the issue and pass a fresh order on the file in accordance with law in respect of the claim of the petitioner for disbursement of the sale price. He has prayed for permission to withdraw the previous affidavits and file a fresh compliance affidavit before the next date of hearing.
The prayer for withdrawal of the previous affidavits is accepted and the Registry is directed to remove the same from the paper book and keep them separately.
List on 10th May, 2023 for further consideration.
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