Orissa High Court
Jagannath Mallick vs State Of Odisha & Others on 17 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7901 of 2015
Jagannath Mallick ..... Petitioner
Mr. Biplab P.B. Bahali, Advocate
Vs.
State of Odisha & Others ..... Opposite Parties
Mr. A.K. Mishra, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
17.07.2023
Order No. This matter is taken up through hybrid mode.
05.
2. Heard Mr. Bipalab P.B. Bahali, learned counsel appearing
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-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
petitioner within a stipulated time.
4. Mr. Bipalab P.B. Bahali, 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-3 series 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 Mr.
Bipalab P.B. Bahali, 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)
JUDGE
Laxmikant
Signature Not Verified
Digitally Signed
Signed by: LAXMIKANT MOHAPATRA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 17-Jul-2023 16:09:49
