[Cites 0, Cited by 0]
Orissa High Court
Droupadi Jain vs State Of Odisha & Ors. .... Opposite ... on 6 February, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No.41733 of 2023
Droupadi Jain .... Petitioner(s)
Mr. S.B. Mohanty, Adv.
-versus-
State of Odisha & Ors. .... Opposite Party(s)
Mr. U.R. Jena, AGA
Mr. P.K. Rout, Adv. (for O.P. Nos.2 & 3)
CORAM:
HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No. 06.02.2026
1. This matter is taken up through hybrid arrangement.
2. The present Writ Petition has been filed by the Petitioner,
Droupadi Jain, with the following prayer:
"...
(ii) To quash the eviction/demolition notice dated
10.05.2023 issued by the Administrative Officer (Rural)
under Orissa State Housing Board (Annexure-9);
(iii) Further to quash the "e-auction notice dated
11.12.2023" issued by this Secretary, State Housing
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF
ORISSA, CUTTACK
Date: 09-Feb-2026 20:09:42
Board (Annexure-10);
(iv) To direct the opposite party (Secretary, Housing
Board) to allot the 1500 sq. ft. surplus land which is
fallen vacant and in her permissible occupation of the
adjoining residential house of the petitioner, in terms of
the letter of the Board dated 05.09.2009 vide Annexure-4
and cost of land prevalent at that time and according to
resolution held on 152 meeting of the Housing Board vide
(Annexure-3 dated 22.05.1989) which clearly underlines
the idea that "if some small patch of land of the Housing
Board is fallen vacant adjacent to the residential house of
the old allottees, the same shall be sold away to the
allottee subject to deposit of the cost of the land, if the said
land is not required for any other project of the Board in
an ongoing scheme."
3. Heard learned counsel for the respective parties.
4. At the outset, learned counsel for the Petitioner submits
that the Petitioner had applied to the Orissa State Housing
Board for allotment of vacant land measuring 2580 sq. ft.
adjacent to her house. Upon consideration of her
representation, the Land Officer, Orissa State Housing
Board, issued a letter dated 05.09.2009 to the Petitioner
intimating that the Board had agreed in principle and
proposed to allot the said vacant surplus land measuring
2580 sq. ft. adjacent to her house, and accordingly, requested
the Petitioner to remain present on 14.09.2009 for
conciliation. The said letter dated 05.09.2009 is reproduced
below:
"With reference to the subject cited above, I am directed
to say that it has been proposed by the Orissa State
Housing Board for consideration to allot the vacant
surplus land measuring 2580 sqft. Available adjacent to
your house no.EM-123 in Basanti Colony Housing
Scheme area at Rourkela @ 230/- per sqft. along with
development fees at the rate 25% of the cont & user fee of
the land as would be determined by the Board.
You are, therefore, requested to please make your-
self present and express your views before the Secretary,
OSHB, Bhubaneswar on dt.14.09.09 at 11.30 AM for
taking further necessary action over the matter."
5. Learned counsel for the Petitioner further submits that
the Petitioner had earlier approached this Court vide
W.P.(C) No.11035 of 2016 and this Court, vide order dated
27.07.2016, while disposing of the said Writ Petition,
directed the Opposite Party No.2 to dispose of the
representation of the Petitioner in accordance with law
within two months from the date of receipt of the certified
copy of the order.
6. Learned counsel for the Petitioner further submits that
pursuant of the order dated 27.07.2016, the Opposite Party
No.2 disposed of the representation of the Petitioner, by
issuing a communication, which reads as under:
"With reference to the order of Hon'ble Court and on
perusal the papers of the concerned Wings I am to
inform you that you are the allottee of MIG-123 at
Basanti Housing Scheme, Rourkela, Ph-ll by way of
executing tripartite lease deed in between the allottee
Teria Lakra, yourself and OSHB on dtd.24.02.1990.
You have been allotted a MIG house No.123 having the
plot area of 3000 sqft. As per your representation
dtd.08.08.2013 (Annexure-6 to the writ petition) for
allotment of extra area, it is reported that 1540 sqft. has
been unauthorizedly occupied by you over and above the
adjacent allotted plot area. The allotment of extra
unauthorized occupied land to the adjacent allottees
under the scheme needs to be examined keeping in view
of the planning norms and to take decision in this regard
along with other aspirants/applicants in the scheme
area. A detailed survey report to be submitted in this
regard by the team of Officials as per the decision taken
in the High-Level Committee meeting held in between
R.D.A. & O.S.H.B. recently in order to come to the
conclusion in this matter with the approval of District
Administration Sundargarh for implementation, of the
housing scheme as well as allotment of admissible
vacant area if any."
7. Learned counsel for the Petitioner further submits that
till date, no final decision has been taken by the Opposite
Parties pursuant to the aforesaid communication and no
allotment has been made in favour of the Petitioner, despite
the matter remaining pending since the year 2016.
8. After hearing learned counsel for the respective parties
and taking into account the prayer made by the Petitioner,
the Opposite Party No.2, i.e. the Secretary, Orissa Housing
Board as well as the Chairman, High-Level Committee, are
directed to re-consider the matter of the Petitioner relating
to implementation of the housing scheme (at Annexure-3 to
the Writ Petition) and allotment of admissible vacant area, if
any, which has been pending since 2009 and to pass a
reasoned and speaking order keeping in view the earlier
recommendation of the Board under Annexure-4 in
accordance with law within a period of three weeks from the
date of production/presentation of a certified copy of this
order along with the Annexures.
9. Accordingly, the Writ Petition is disposed of.
10. Pending application (s), if any, shall stand disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Sipun
