Prafulla Kumar Ray vs Odisha State Housing Board And Ors
2021 Latest Caselaw 9355 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.26622 of 2021


       Prafulla Kumar Ray                           ......             Petitioner
                                                     Mr. Manas Chand, Advocate

                                        -versus-

       Odisha State Housing Board and Ors.          ......           Opposite Parties
                                                          Mr. S.S. Kanungo, AGA


                                CORAM:
                                JUSTICE C.R. DASH

                                        ORDER

07.09.2021

Order No.

01. 1. This matter is taken up through hybrid mode.

2. Heard Mr. Manas Chand, learned counsel for the petitioner and learned Addl. Government Advocate for the State.

3. 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.L-IV-446, Dumduma Housing Board Colony, Bhubaneswar on the valuation of the land as reflected in the allotment order as per Annexure-1 and to accept the stamp duties and fees on the said valuation instead of the benchmark valuation.

4. 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.

5. 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 allotment order 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).

6. With the above observation and direction, the writ application stands disposed of.

7. Urgent certified copy of this order be granted as per rules.

(C.R. Dash) Judge Murmu