Rajan Kumar Sahu And Others vs State Of Odisha And Others
2023 Latest Caselaw 1464 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.P.(C) No.1951 of 2023
                                     (Through Hybrid mode)


                 Rajan Kumar Sahu and others                ....                Petitioners
                                                            Mr. S. K. Mohanty, Advocate
                                                 -versus-

                 State of Odisha and others                 ....           Opposite Parties

                                                                  Mr. A. K. Sharma, AGA

                                                                 Mr. A. K. Nath, Advocate
                 CORAM:
                 JUSTICE ARINDAM SINHA
                 JUSTICE SANJAY KUMAR MISHRA
                                           ORDER

13.02.2023

W.P.(C) No.1951 of 2023 and Order No. I.A. No.948 of 2023

02. 1. Petitioners claim to be interested in the deity. There was application

made for permission to sell part of the deity's land. By judgment dated

22nd November, 2017, the Commissioner rejected the application, to not

grant permission. The judgment was carried in appeal before the appellate

authority. Prayer in the writ petition is to quash order dated 4th September,

2019 of the appellate authority, whereby value of property to be sold was

marked at 10% above the benchmark value with direction for it to first be

offered to the State Government, for purchase.

2. Mr. Mohanty, learned advocate appears on behalf of petitioners. He

// 2 //

had earlier moved the writ petition on 2nd February, 2023. We reproduce

below paragraph 3 from our order dated 2nd February, 2023.

"3. Without prejudice to contention of maintainability raised by State, it is directed to issue instructions regarding status of the land, whether already purchased by the Government on the valuation fixed by the Hon'ble Minister?"

3. Mr. Sharma, learned advocate, Additional Government Advocate

appears on behalf of State. He submits, his instructions are State is not

interested to purchase the land. He submits further, two consequential

prayers made by petitioners should be seen by Court. Petitioners'

grievance would affect opposite party no.8, who has not been noticed.

4. Mr. Nath, learned advocate appears on behalf of the Commissioner.

5. Issue notice along with this order on opposite party no.8, by

registered/speed post with A.D. Petitioners will put in requisites.

6. List on 6th March, 2023.

7. There will be stay of operation of impugned order till next date of

hearing.

( Arindam Sinha ) Judge

( S. K. Mishra ) Judge Prasant