Sri Krushna Chandra Swamy @ vs State Of Odisha And Others
2023 Latest Caselaw 8803 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.18572 of 2019

            Sri Krushna Chandra Swamy @             ....           Petitioners
            Mohapravu Bije & others
                                                    Mr. S. Mantry, Advocate

                                         -Versus-
            State of Odisha and others              ....      Opposite Parties

                                       Mr. A.K. Nanda, Advocate (AGA)
                                Ms. D. Mahapatra, Advocate for O.P. No.3

                    CORAM:

                    JUSTICE ARINDAM SINHA
                    JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

08.08.2023 Order No.

13. 1. Mr. Mantry, learned advocate appears on behalf of petitioners and submits, impugned is order dated 24th June, 2019 of the revisional authority, setting aside order dated 20th May, 20119 of the Commissioner.

2. Having heard him it appears, there was judgment dated 5th February, 2018 made by the Commissioner declining permission to sell. Appeal was preferred to the Law Minister, disposed of by order dated 1st August, 2018 reversing the order. Pursuant to the appeal there was proceeding to conduct auction for sale, on the State Government declining to purchase. By order dated 20th May, 2019, the Commissioner set aside the auction. The Law

Minister took suo motu cognizance and passed impugned order dated 24th June, 2019 in revision, setting aside said order dated 20th May, 2019.

3. Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and Ms. Mahapatra, learned advocate for opposite party no.3.

4. For convenience of parties getting ready for hearing we reproduce below a sentence from impugned order:

"As regards to the technical mistake the Learned Commissioner Endowments in his aforesaid order did not deny the beating up drums and publication of notice in compliance to the statutory provisions."

Parties will be heard on whether mis-description of date regarding auction is a technical mistake. Also omission by the Commissioner to deny public notice by beating up drums can be a ground considering the Commissioner is a not a party interested in the sale. Of course parties can argue other points as well.

5. List on 17th August, 2023.

6. Interim order to continue till next date of hearing.

                                                                              (Arindam Sinha)
                                                                                     Judge


                                                                                (S. K. Mishra)
Signature Not Verified                                                              Judge
Digitally Signed               pcd
Signed by: PADMA CHARAN DASH

Designation: Secretary In-Charge Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 09-Aug-2023 11:41:17