Orissa High Court
Bijay Kumar Maity vs State Of Odisha And ..... Opposite ... on 6 January, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30112 of 2024
Bijay Kumar Maity ..... Petitioner
Mr. S.K. Sarangi,
Senior Advocate
-versus-
State of Odisha and ..... Opposite Parties
others
Mr. Jateswar Nayak
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
Order No. ORDER
06.01.2025
03. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard Mr. S.K. Sarangi, learned Senior Advocate
appearing for the petitioner and Mr. Jateswar Nayak,
learned Additional Government Advocate appearing for
the State.
This writ petition has been filed by the petitioner
Bijay Kumar Maity challenging the inaction of the
opposite party in cancelling the allotment in favour of
the petitioner and with a further direction to allot the
scheduled land in favour of the petitioner on receipt of
the applicable premium/price.
Mr. Sarangi, learned Senior Advocate appearing
for the petitioner drew the attention of this Court to the
earlier order passed by this Court in W.P.(C) No.18698
of 2016, which was disposed of on 22.09.2023, wherein
this Court observed that:
"6. Having heard learned counsel for the
parties and after going through the records,
this court is not inclined to delve into the
above disputed questions of fact as to whether
the petitioner has been communicated with
the letter and as to whether the same has
been issued by registered post with A.D or
not. That apart, such dispute will not resolve
the claim made by the petitioner in the
present writ petition. Fact remains, the
allotment made in favour of the petitioner is
not being disputed by either of the parties
and, as such, the land is still available. In view
of such position, let the case of the petitioner
be re-considered taking into account the order
dated 19.11.2013 issued by the Government
of Odisha, General Administration Department.
To that extent, let the petitioner approach the
competent authority for re-consideration of
the same within a period of fifteen days hence,
so that the same can be considered and
disposed of within a period of two months by
giving opportunity of hearing to the petitioner.
Needless to say, so far as the applicability of
the judgment of the apex Court in the case of
State of Odisha -Vrs.- Malati Biswal (Civil
Appeal Nos.9895-9896 of 2017 (arising out of
SLP (C) No.26318-26319 of 2013 disposed of
on 27.07.2017) is concerned, the G.A.
Department order dated 19.11.2013 was not
brought to the notice of the apex Court and as
such the order dated 19.11.2013 has not been
dealt with in the said decision. Therefore, the
said decision is distinguishable. Thus, it is
open to the Government to take a decision on
the grievance made by the petitioner within
the time stipulated in terms of the order dated
19.11.2013."
Learned counsel for the petitioner submitted that
after passing of the order by this Court, the Director of
Estates & Ex-Officio Additional Secretary to Government
(opposite party no.2) has rejected the prayer of the
petitioner for re-allotment of the land so also the
representation on the ground stated therein.
It appears that on 27.06.2000, the petitioner was
allotted the land in question i.e. Plot No.298 measuring
an area 65' x 90' in Drg. No.B/132 in mouza-
Chandrasekharpur and he was asked to deposit the
premium of Rs.32,232/- (rupees thirty two thousand
two hundred thirty two) within a period of sixty days
and in that connection, Annexure-2 dated 27.06.2000
was issued.
Learned counsel for the petitioner fairly submitted
that the said premium amount was not deposited by the
petitioner as the letter vide Annexure-2 was not
received by the petitioner. However, he submits that
since the aforesaid plot is still available to be allotted,
the petitioner is ready and willing to deposit the
premium amount for such land at the prevailing rate.
Let the learned counsel for the State obtain
instruction regarding the availability of the plot in
question so also the price i.e. to be paid by the
petitioner for the purpose of allotment.
List this matter along with W.P.(C) No.18698 of
2016 in the week commencing from 20.01.2025.
( S.K. Sahoo)
Judge
( Chittaranjan Dash)
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-Jan-2025 15:51:03
