Orissa High Court
Usharani Behera vs State Of Odisha & Ors on 1 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27151 of 2022
Usharani Behera .... Petitioner(s)
Ms. D. Mahapatra,
Advocate
-versus-
State of Odisha & Ors. .... Opposite Party(s)
Mr. S.P. Panda,
AGA for O.Ps.1 & 4
Mr. D. Mohapatra,
Advocate for O.P.2
CORAM:
JUSTICE BISWANATH RATH
ORDER
01.11.2022
Order No.
02. 1. Heard learned counsel for the Parties.
2. This Writ Petition involves the following prayer :-
"Under the facts and circumstances as narrated above,
this Hon'ble Court may graciously be pleased to issue Rule Nisi
to the opposite parties and if the opposite parties will fail to
show cause or shown insufficient cause, make the said Rule
absolute by directing the opposite parties to deliver possession
of the plot in question to the petitioner and further be pleased to
quash the show cause notice dated 29.07.2015 under Annexure-
4;
And further be pleased to pass any other order / orders
as may be deemed fit and proper."
3. This Court finds, the Writ Petition involves a challenge to the
inaction of the Development Authority in taking a final decision even
after the Petitioner submitted his explanation / clarification to the
queries involved, vide Annexure-4. Upon issuing notice, the
Development Authority has appeared and justified their action by
relying on the counter affidavit already filed in W.P.(C) No.23102 of
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2022. This Court observes, notice involved though indicates the sole
allegation of allotment in favour of the Petitioner under discretionary
quota by the Vice-Chairman, Cuttack Development Authority, the
paragraph no.6 of the counter affidavit filed in W.P.(C) No.23102 of
2022 brings the following to the notice of the Court.
"6. That in reply to the averments made in Paragraph
No.11 to 16 of the writ petition, it is humbly submitted that the
petitioner will be afforded opportunity of hearing and it will be
ascertained as to whether his allotment is in consonance with the
brochure conditions and as to whether he or his family members
have been allotted any other plot(s) and as to whether this
petitioner / members of his family sold away the same and
thereafter got the allotment through discretionary quota. The
concerned Authority will also examine the property of the present
allotment under discretionary quota keeping in view the law laid
down by the Hon'ble High Court giving opportunity of hearing to
the petitioner."
4. Reading the contentions in Paragraph-6 of the counter of the
Development Authority, it appears, the Development Authority is
unable to find as to whether the family members of the Petitioner are
already in allotment of any plot involving the same Development
Authority. Even though this Court finds, a clarification is already there
through the response of the Petitioner, vide Annexure-5, however, for
doubt raised by the Development Authority to find whether the case of
the Petitioner is covered under the judgment of this Court in W.P.(C)
No.5274 of 2022 decided on 19.07.2022, this Court to find a complete
resolve on the issue involved observes, it would be better, if the
Petitioner files an affidavit meeting the requirement in paragraph no.6
of the counter enabling the Development Authority for taking a final
call on the issue involved, vide Annexures-3 & 4. Let the Petitioner file
appropriate affidavit within seven days hence and consequent upon
receipt of such affidavit, the Development Authority shall involve the
Petitioner and conclude the proceeding, vide Annexures-3 & 4 at least
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within a period of fifteen days thereafter. In the event the Authority is
satisfied with the affidavit to be filed by the Petitioner and if the case
of the Petitioner stands covered by the judgment of this Court,
necessary arrangement for handing over possession shall also be made
within a period of fifteen days thereafter.
5. With the above order the Writ Petition stands disposed of.
6. Issue urgent certified copy.
(Biswanath Rath)
Judge
Ayaskanta Jena
