Citation : 2022 Latest Caselaw 1238 Ori
Judgement Date : 10 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18587 Of 2021
(Through hybrid mode)
Dipesh Somani .... Petitioner
Mr. R.K. Rout, Advocate
-versus-
IG of Registration, Orissa and .... Opposite Parties
others
Mr. A.K. Sharma, AGA
CORAM: JUSTICE ARINDAM SINHA
Order ORDER No. 10.02.2022 6. 1. Mr. Rout, learned advocate appears on behalf of petitioner and
draws attention to purported advisory dated 20th February, 2020 addressed to the registering authority saying, inter alia, as follows.
"In view of above, for the interest of public, the sale/transfer of the aforementioned properties may not be allowed without permission from the undersigned/Court. The certified copies of Sale deeds in the name of persons/Company mentioned above be furnished to the undersigned for further action at this end."
2. He submits, the documents were presented on 11th July, 2019, much prior to the purported advisory. He relies on judgment dated 14th December, 2016 of coordinate Bench in, inter alia, W.P.(C) no.13881 of 2015 (Hi-Tech Estates & Promoters(P) Ltd. v. State of
// 2 //
Odisha and others), in paragraph-9 of which it was said that the Superintendent of police (EOW), CBI writing such letter is not by authority in law.
3. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, he has received instructions for counter to be drawn and filed. He prays for two weeks time.
4. Counter be filed by 24th February, 2022. Petitioner may file rejoinder by 4th March, 2022.
5. List on 7th March, 2022.
(Arindam Sinha) Judge Sks
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