Nirod Ranjan Das vs State Of Odisha & Ors
2022 Latest Caselaw 6436 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               WP(C) NO.28963 OF 2022
            Nirod Ranjan Das                       ....               Petitioner

                                                         Mr.A.Satpathy, Adv.

                                        -versus-


            State of Odisha & ors.                 ....        Opposite Party(s)

                                                        Mr.D.Mohapatra, Adv.

                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

9.11.2022 Order No.

01. 1. Heard learned counsel for the Parties.

2. The Petitioner while claiming his case involved herein to be

completely covered by the judgment of this Court in W.P.(C)

No.5274/2022 passed on 19.7.2022, Mr.D.Mohapatra, learned

counsel for the Development Authority in reference to the

information appearing through Memorandum of Enquiry, while

submitting that the Writ Petition is premature at this stage further

submits, since the proceeding is pending before the Development

Authority, this Court should not take any decision at this point of

time and may leave the matter for consideration of the Development

Authority.

3. Considering the rival contentions of the Parties and as this

Court finds, the Petitioner's case is pending consideration with the

// 2 //

Development Authority, in disposal of the Writ Petition, this Court

directs the Development Authority for looking to the request of the

Petitioner involved herein also pending before it keeping in view the

applicability of the judgment of this Court in W.P.(C) No.5274/2022

passed on 19.7.2022 by undertaking such exercise at least within one

and half months from the date of communication of this order. It is

made clear, if the decision comes on the way of the Petitioner,

decision in handing over the property shall also be taken at least

within a further period of one month.

(Biswanath Rath) Judge M.K.Rout