Mamidigourinath vs Bhubaneswar Development
2023 Latest Caselaw 1930 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.19109 OF 2022


            MamidiGourinath                       ....              Petitioner(s)
                                                         Mr.C.Samanataray,Adv.
                                          -versus-

            Bhubaneswar Development               ....            Opposite Party(s)
            Authority (BDA) and ors.
                                                         Mr.D.Mohapatra,Adv.
                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                            03.03.2023
   01.       1.     Heard learned counsel for the Parties.

2. This Writ Petition involves the following prayer:-

"In the above facts and circumstances it is therefore humbly prays that the Hon'ble Court may graciously be pleased to admit the Writ Petition; issue notice to the Opp. Parties and after hearing both the parties be pleased to quash the show cause notice under Annexure-4 and issue a Writ of mandamus directing the Opp. Parties not to proceed further to take decision in the matter involving proposed cancellation of house/plot/ flat allotted to the Petitioner, considering the reply filed by the Petitioner as per Annexure-5 in response to the show cause notice vide Annexure-4 so also representations made vide Annexure-7 and Annexure-8 respectively, and to communicate such decision to the Petitioner, determining specific period in this regard.

And pass any other order(s)/direction(s) as the Hon'ble Court may deem fit and proper for the interest of justice;

And for this act of kindness, the Petitioner as in duty bound shall ever pray."

3. There is no dispute at Bar that following notice vide Annexure- 5 issued by the Development Authority, Petitioner has already resisted the allegation therein by submitting his response vide

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Annexure-6 stated to be pending consideration of the Authority as of now.

4. Considering this is a case pending in the hand of the Competent Authority, this Court finds, the Writ Petition at this stage is premature. In the meantime there has been some development through judgment of this Court in W.P.(C) No. 5274 of 2022 decided on 19.07.2022. There is no denial at Bar that the Petitioner case can be considered taking into account the view expressed by this Court in the aforesaid case.

5. It is in this view of the matter, this Writ Petition stands disposed of directing the Development Authority-O.P.4 to take up the issue involving Annexure-5 while also keeping in view the objection of the Petitioner through Annexure-6 as well as pleading in the Writ Petition further also while keeping in view the judgment/order of this Court in W.P.(C) No. 5274 of 2022. In the event there is personal opportunity of hearing is required, Petitioner may be issued with a notice of personal hearing by fixing an early date.

5. This Court records the undertaking of the learned counsel for the Petitioner that there shall be full cooperation of the Petitioner in the undertaking of the required exercise and the entire exercise be concluded at least within a period of two months from the date of communication of this order by the Petitioner.

6. Urgent copy be supplied on proper application.

(Biswanath Rath) Judge U.Nayak