The brief facts of the case is that the complainant had land dispute with regards to boundary identification as both of them are adjacent land holders. On the application of the complainant which has been also forwarded by SDPO, Nandipada PS. The land bearing Khata No.680/96, plot No.182/2659 has been demarcated as per Order No.63863 dtd.02.03.2022 of Tahasildar, Hatadihi in presence of the Police Officer in order to resolve the dispute between the parties. After demarcation report made by R.I, Orali on dtd.22.04.2022 the PIO, Tahasil, Hatadihi vide letter No.2333 dtd.22.07.2022 expressed inability to furnish the information which was not complete in all respects. So the complainant alleged that the Ops caused mental agony and harassment to the complainant as the Ops did not supply demarcation information of the said date.
The complainant relied on the following documents to prove his case:-
1. Application which has been forwarded by Tahasildar, Hatadihi through SDPO on dtd.04.03.2022.
2.Notice dtd.20.04.2022 of RI,Orali for document of land 22.04.2022.
3.Grievance petition dtd.27.06.2022 addressed to Collector, Keonjhar.
4. Grievance petition dtd.01.08.2022 addressed to Collector, Keonjhar.
5. Grievance petition dtd.27.06.2022 addressed to Sub-Collector, Anandapur.
6.Letter No.2333 dtd.22.07.2022 of PIO, Tahasil Office, Hatadihi.
7. Photocopy of trace map vide Khata No.680/164 under mouzaOrali, Hatadidi, Tahasil
Keonjhar.
Under the above situation the complain case is admitted and notice issued to Ops. Op1 and 2 appeared and filed their written version.
Op1& 2 submitted in its written version that the present complain petition is not maintainable. There is no cause of action to file the petition against the Ops. The Ops are Govt. official and as such the petitioner is not a consumer of the Ops in any manner under the CP Act.2019. The allegation of para 3 of the petition are not admitted by the Ops and such the petitioner shall not get any relief under this commission as PIO,Tahasil, Hatadihi was unable to furnish the information required by the petitioner. The certified copy of demarcation report can be obtained on application.
On the above pleadings following issues are framed to decide the case:-
- Whether the case is maintainable?
- Whether any cause of action arises on this case?
- Whether Ops have made any deficiency of service?
- Whether the complainant is entitled to get any relief sought for?
FINDINGS
Complainant has prayed to pass necessary order to supply demarcation report in LI case before Tahasil, Hatadihi. The Op party has clearly stated that there is no cause of action arises in this case and the case is not maintainable. The complainant has applied for certified copy of land identification case made by RI, Hatadihi. He also applied in RTI Act to obtain the copy but such copy is not supplied. Right to Information Act is a separate Act in which this Commission has not right to interfere. The complainant has not applied in proper manner before the PIO, Hatadihi, Tahasil. This commission has rights to interfere in this case. No cause of action is arose in this case as the complainant in not a consumer before Ops. So, the case has no merit to pass an order.
ORDER
The case being devoid of merits is dismissed without any cost.
