Orissa High Court
Dhurba Charan Ojha & Others vs State Of Orissa And Others on 25 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 23724 of 2014
Dhurba Charan Ojha & Others ..... Petitioners
Mr. B. B. Bahali, Adv.
Vs.
State of Orissa and others ..... Opposite Parties
Mr. A.K. Mishra, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
25.08.2023
Order No. This matter is taken up through hybrid mode.
04.
2. Heard Mr. B.B. Bahali, learned counsel for the petitioners
and Mr. A.K. Mishra, learned Addl. Government Advocate
appearing for the State-opposite parties.
3. The petitioners have filed this writ petition seeking to quash
the notice of show cause dated 15.05.2014 under Annexure-3
series issued by the Odisha State Housing Board, and to issue
direction to the opposite parties to settle the land in favour of the
petitioners within a stipulated time.
4. Mr. B.B. Bahali, learned counsel for the petitioners
contended that the petitioners are 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
petitioners under Annexure-3 series for eviction. It is contended
that the petitioners are willing to occupy the land on settlement
and whatever amount will be determined by the authority, the
petitioners are 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
petitioners can only be considered by the Board with regard to
land occupied by the petitioners, 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 learned
counsel for the petitioners, and, as such, the petitioners are
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 petitioners 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 petitioners 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 petitioners and take a decision for allotment of the land to the
petitioners 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)
Laxmikant
JUDGE
Signature Not Verified
Digitally Signed
Signed by: LAXMIKANT MOHAPATRA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 28-Aug-2023 09:59:21
