Orissa High Court
Susanta Kumar Rath vs State Of Orissa And Others on 6 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 10467 of 2014
Susanta Kumar Rath ..... Petitioner
Mrs. S. Jena, Adv.
Vs.
State of Orissa and others ..... Opposite Parties
Mr. A.K. Mishra, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE M.S. RAMAN
ORDER
06.04.2023
Order No. This matter is taken up through hybrid mode.
08.
2. Heard Mrs. S. Jena, learned counsel for the petitioner and
Mr. A.K. Mishra, learned Addl. Government Advocate appearing
for the State-opposite parties.
3. The petitioner has filed this writ petition seeking to quash
the notice of show cause dated 15.05.2014 under Annexure-5
issued by the Odisha State Housing Board, and to issue direction
to the opposite parties to settle the land in favour of the petitioner
within a stipulated time.
4. Mrs. S. Jena, learned counsel for the petitioner contended
that the petitioner is in occupation of the land for more than 30
years and, therefore, the same can be settled in favour of the
petitioner. It is further contended that though the petitioner
approached the authority for settlement of the land, but it has been
brought to the notice of the petitioner that the land has been
transferred to the Odisha State Housing Board. As a consequence
thereof, the notice of show cause dated 15.05.2014 has been
issued by the Odisha State Housing Board to the petitioner under
Annexure-5 for eviction. It is contended that the petitioner is
willing to occupy the land on settlement and whatever amount will
be determined by the authority, the petitioner is willing to deposit
the same instead of facing eviction.
5. Mr. A.K. Mishra, learned Addl. Government Advocate
appearing for the State-opposite parties, on the other hand,
contended that the land in question has already been allotted to
Odisha State Housing Board. Therefore, the grievance of the
petitioner can only be considered by the Board with regard to land
occupied by the petitioner, but not the State Government.
6. Having heard learned counsel for the parties and after going
through the records, this Court finds that the petitioner is in
occupation of the land for more than 30 years, as stated by Mrs. S.
Jena, learned counsel for the petitioner, and, as such, the petitioner
is interested to settle the land, which has not yet been done. As
such, in the meantime, the State Government has already
transferred the land in favour of Odisha State Housing Board.
Therefore, it is open to the petitioner to approach the Odisha State
Housing Board for settlement of the land on the basis of premium
fixed by the Board. Needless to say, similar question had come up
for consideration before this Court in W.P.(C) No. 13965 of 1999,
W.P.(C) No. 13222 of 2005 and W.P.(C) No. 4338 of 2002 and all
those writ petitions were heard analogously and disposed of by the
common judgment dated 21.07.2008, wherein this Court observed
that since the Government has allotted the land to the Housing
Board, it is open to the Housing Board to consider the grievance
of the petitioner and to take a decision for allotment of the land to
the association in accordance with law within a period of four
months.
7. In the above view of the matter, since similar matters have
already been disposed of, this writ petition stands disposed of
directing Odisha State Housing Board to consider the grievance of
the petitioner and take a decision for allotment of the land to the
petitioner in accordance with law within a period of four months
from the date of production of certified copy of this order.
(DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
Ashok
JUDGE
