Reliance on the enquiry report to make legal decisions

Anant Bijay Singh, J.

Vide order dated 14.07.2017, a detailed order was passed and the Registrar Vigilance of this Court was directed to personally visit at the place of respondent No.10, namely, Noor Islam, S/o Jhatu Sk., R/o Amanat Diara, P.S. : Radhanagar, P.O. : Piyarpur, District : Sahibganj and submit a report to this Court whether he is alive or not.

2. Thereafter the matter was listed on 04.10.2017 and the report of the Registrar Vigilance was received which was opened in presence of the parties and it appeared that he visited the place of respondent No. 10 and accordingly, made inquiry and found respondent No. 10 is alive.

3. On perusal of the enquiry report dated 30.08.2016, it appears that the Registrar (Vigilance) of this Court visited the aforesaid place of the respondent No. 10 along with Officer-in-charge, Radhanagar Police Station, A.S.I., Sri Ali Akbar Khan and two police constables proceeded for Amanat Diara, P.O. : Piyarpur and recorded the statement of Tajkera Khatoon, the member of Ward No. 13 of Amanat Diara. She confirmed that respondent No. 10, Noor Islam, S/o Jhatu Sk. @ Jhatan Sk., of Village Amanat Diara, P.S. : Radhanagar, District : Sahibganj, is alive and living in ward No. 13. She further issued a certificate to the extent that there is no other Noor Islam in her ward. Thereafter on request, she called the Noor Islam within 15 minutes. The person who was called by the wife of Noor Islam came and confirmed that he is Noor Islam and his father's name is Late Jhatu @ Jhatan Sk.

4. On request, said Noor Islam shown his voter identity card and Aadhaar card, on the condition that the same will be returned after taking photocopies of the same. Photocopy of the Aadhar card has been annexed along with his photograph. Noor Islam further disclosed that the plaintiffs, Salim Sk. and others had filed a case against him and others, in which he has relinquished his claim by admitting the claim of the plaintiffs. So, he admitted that litigation is going on in between the parties. The statement of Smt. Tajkera Khatoon about existence of Noor Islam and issuance of certificate in this regard and the statement of Noor Islam was also recorded. In the meanwhile, group of about 200 people assembled and they also disclosed that respondent No. 10 is alive.

5. The matter was listed on 04.10.2017 and office was directed to serve enquiry report to the counsel and the matter was listed for today.

6. Further under order dated 04.10.2017, the Registrar (Vigilance) of this Court was directed to supply the name of Sr. Civil Judge-I, Sahibganj, who has passed the order dated 26.07.2017 and all subsequent orders.

7. It appears that thereafter the Registrar (Vigilance) submitted a report dated 31.07.2017, which reveals that the order dated 26.07.2017 and all subsequent orders have been passed by Sri Satyapal, Civil Judge (Sr. Division).-I, Sahibganj (Rajmahal).

8. Let the report dated 31.07.2017 also be kept on record.

9. Further, it appears that in the meanwhile the learned Civil Judge (Sr. Division).-I, Sahibganj, in Title Execution Case No. 01 of 2013 which was filed on 12.03.2013 and a petition was filed by the decree-holder to depute one Nazir and one Peon and One Pleader Commissioner and also provide a Magistrate and Police force. The prayer was allowed and the matter was adjourned. Thereafter, it appears that the matter was again heard on 18.05.2017 and the prayer was made by the decree-holder that he has already deposited the cost of the Magistrate and the police force, direction be issued to the Superintendent of the Police and the S.D.M.

10. Thereafter, it appears that the matter was again listed on 25.05.2017 and 08.06.2017 and on 08.06.2017, the prayer made by the decree-holder, one Pleader Commissioner, Md. Samiruddin was appointed, one Nazir, one Peon and one 'Dholakia' for which cost of Rs. 2276/- was deposited and further Rs. 5,975/- was deposited and Rs. 1646/- was deposited in the Treasury of S.D.M. to nominate an Ex