Sujit Narayan Prasad, J. - (1.) The writ petition is under Article 226 of the Constitution of India wherein the direction has been sought for upon the respondent No.2- Deputy Commissioner, Serakella-Kharsawan to take legal action against the respondent No.4 for not complying the order passed by the Executive Magistrate in Misc. Case No.316 of 1983.
(2.) It is the case of the petitioner that in a miscellaneous case being Misc. Case No.316 of 1983, an order has been passed by the Executive Magistrate, Seraikella on 31.12.1993 declaring the possession of Sheikh Karim s/o Late Barkat Ali who claims to be the owner of the land bearing Plot No.707, Khata No.9 having an area of 41.5 decimal of land situated at Mouza Gourangkocha against which the petitioner has preferred criminal revision being Criminal Revision No.14 of 1994 in which the revisional court has called for the records of the Misc. Case No.316 of 1983 but since 1994 till disposal of the aforesaid criminal revision, the record was not received in the revisional court in spite of several correspondences made but it is due to connivance of Sheikh Karim, the opposite party of Criminal Revision No.14 of 1994 and Ranjan Kumar Dubey (respondent No.4), the then Bench Clerk of the Executive Magistrate, Sub-Divisional Office, Seraikella and ultimately the revision has been dismissed on 23.06.2016.
(3.) The petitioner has made out a case that the Bench Clerk-respondent No.4 has miss-utilized his official position in holding the record to be received in the office of the revisional court to be sent from the original authority i.e., the Executive Magistrate, Seraikella and therefore, appropriate legal action is required to be taken against him, hence, this writ petition.;