2 19.01.2021 The Matter Is Taken Up ... vs The Petitioners Have Filed This ...
2021 Latest Caselaw 631 Ori

                               W.P.(C) No. 237 of 2021




02   19.01.2021         The matter is taken up through video conferencing mode.
                        Heard Mr. P.R. Barik, learned counsel for the petitioner.
                        The petitioners have filed this application seeking for
                  direction to the opposite parties to execute the lease-cum-sale
                  deed in favour of the petitioners in respect of their HIG-222 for
                  valuation/consideration of Rs.3,47,800/- and further to direct the
                  opposite parties to register the sale deed on the valuation of Rs.
                  3,47,800/- and to accept the stamp duties and fees on the said
                  valuation instead of the benchmark valuation.
                        Mr.   P.R.   Barik,   learned   counsel   for   the   petitioners
                  contended that a similar matter had come up for consideration
                  before the Division Bench of this Court in Santosh Kumar
                  Nanda v. 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 apex Court, the said judgment and order has to
                  be implemented. Therefore, this Court disposes of the writ
                  petition directing the opposite 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 petition
                  stands disposed of.


                                                    ...............................
                                                      Dr. B.R. Sarangi, J.

Ajaya