Sandhya Celebration vs State Of Odisha And Others
2023 Latest Caselaw 4079 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.P.(C) No.2803 of 2018

             Sandhya Celebration, a Proprietorship ....            Petitioners
             Unit and another
                                              Mr. P. K. Satapathy, Advocate
                                        -versus-
             State of Odisha and others               .... Opposite Parties
                                             Mr. Debakanta Mohanty, AGA
                                             Mr. D.N. Mohapatra, Advocate

             CORAM:
             THE CHIEF JUSTICE

JUSTICE G. SATAPATHY

Order No. ORDER 21.04.2023

12. 1. The challenge in the present petition is to an order dated 3rd February, 2018 passed by the Additional Commissioner, Cuttack Municipal Corporation (CMC) rejecting the Petitioner's application for grant of licence to run a Kalyan Mandap in the name and style as 'Sandhya Celebration' under the provisions of Odisha Municipal Corporation Act, 2003 and the Rules made thereunder.

2. The Petitioner No.1 is a Proprietorship concern of which Smt. Sandhyarani Mohanty, wife of Gobinda Prasad Pattanayak, is the sole Proprietrix, whereas Sri Gobinda Prasad Pattanayak himself is Petitioner No.2.

3. The impugned order rejecting the licence for running the Kalyan Mandap took note of the fact of the pendency of W.A. Nos.467 and 468 of 2010 which had been filed by CMC in this Court which had a direct bearing on the assertion by these Petitioners' right, title and interest in respect of the suit property i.e. Khata No.917, Plot

No.1135/3776 to an extent of land Ac. 0.316 decimals out of Ac 0.606 decimals under Touzi No.2499 relating to Sabik Mouza Baharbisinabar.

4. Today, by a separate judgment, this Court has allowed W.A. Nos.467 and 468 of 2010 whereby the orders dated 7th January, 1978 of OEA, Collector-cum-Additional Tahasildar in Vesting Case No. 3699 of 1976 in favour of the vendor of these Petitioners, and the consequential orders dated 24th February, 2004 of the Joint Commissioner and the order dated 28th June, 2010 passed by the learned Single Judge in W.P.(C) No.12031 of 2006 have all been set aside.

5. In view of the judgment passed today in W.A. Nos.467 and 468 of 2010, the impugned order dated 3rd February, 2018 passed by the Additional Commissioner, CMC. Consequently, the subsequent order dated 3rd July 2018 passed by the Additional Commissioner, CMC recalling the earlier order dated 3rd February, 2018 is hereby set aside.

6. The present writ petition is dismissed in the above terms.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge SK Jena/Secy.