Unknown vs The Odisha
2021 Latest Caselaw 193 Ori

                                W.P.(C) NO.32667 OF 2020




02.   06.01.2021                  Due to the pandemic situation for COVID-
                   19, this matter is taken up through Video Conferencing
                   mode.
                                  Heard Mr. Manas Chand, learned counsel
                   for the petitioner and learned Addl. Government
                   Advocate for the State.
                                  The   petitioner   has   filed   this   writ
                   application seeking a direction to the Opp. Parties 2 &
                   4 to execute the lease-cum-sale deed in favour of the
                   petitioner in respect of his House No.HIG (S)-03,
                   Pragati Enclave, Chandrasekharpur on the valuation of
                   the land as reflected in the draft lease-cum-sale deed
                   as per Annexure- 3 and to accept the stamp duties and
                   fees on the said valuation instead of the benchmark
                   valuation.
                                  Mr. Manas Chand, learned counsel for
                   the petitioner contended that a similar matter had
                   come up for consideration before the Division Bench of
                   this Court in Santosh Kumar Nanda vs. The Odisha
                   State Housing Board (Writ Appeal No.241 of 2019
                   disposed of on 21.10.2019) and in the said case, while
                   setting aside the order passed by the learned Single
                   Judge, direction was issued to the respondents therein
                   to execute the sale deed as per the valuation reflected
         in the draft lease-cum-sale deed, as expeditiously as
        possible.
                      In view of such position, since nothing
        has been placed on record to indicate that against the
        judgment and order dated 21.10.2019 passed in W.A.
        No.241 of 2019 the respondents have moved the
        Hon'ble apex Court, the said judgment and order has to
        be implemented. Therefore, this Court disposes of the
        writ application directing the Opp. Parties to execute
        the lease-cum-sale deed as well as the sale deed taking
        into consideration the valuation as reflected in the draft
        lease-cum-sale deed by calculating the stamp duty as
        per such valuation, instead of taking into consideration
        the benchmark valuation, in terms of the judgment in
        Santosh Kumar Nanda (supra).
                      With the above observation and direction,
        the writ application stands disposed of.
                      As the pandemic situation for COVID-19
        is continuing, learned counsel for the petitioner may
        utilize the true soft copy of this order available in the
        High Court's website or print out thereof at par with
        certified copies in the manner prescribed, vide Court's
        Notice No.4587, dated 25.03.2020.
                                       ...............................
                                         C.R. Dash, J.

Subha