Dismissed

Harihar Naik v. State of Odisha

Orissa HC20 Mar 2017WP(C)/3539/2017

Case brief

AI extract

What is this about?

This single-paragraph order addressed a writ petition where the petitioner sought a 3rd party transfer for a plot allotted by the Cuttack Development Authority, citing refusal by the authority to issue the transfer form despite repeated approaches. The court directed the authority to issue the form.

What did the court decide?

The C.D.A. is directed to issue the 3rd party transfer form within seven days; alternatively, to process the case for recommending transfer within three weeks.

Harihar Naik Vs State of Odisha — Property and Title | Orissa HC (2017)

¶1

 W.P.(C) NO. 3539 of 2017

¶2

 02. 20.03.2017 Heard learned counsel for the
 petitioner and Mr. Dayanand Mohapatra, learned counsel appearing for the Cuttack Development
Authority.

¶3

 The petitioner has filed this writ application for 3rd Party transfer of Plot
No. 1C/18, Sector-9, Bidanasi Project Area, Cuttack.

¶4

 The land was allotted in favour of the petitioner by the Cuttack Development A
uthority on 08.09.1994 and lease deed was executed in between C.D.A. and the petitioner on 30.
12.2016. However, possession of the land was handed over to the petitioner on 05.01.1996.

¶5

 Learned counsel for the petitioner submits that the C.D.A. is not issuing the
3rd party transfer form to the petitioner in spite of repeated approaches.

¶6

 The C.D.A. is therefore directed to issue 3rd party transfer form in favour of
 the petitioner within seven days.

¶7

 This Court, in the case of Sri Pravat Kumar Tripathy v. CDA and another [W.P.(
C) No.4902 of 2015 disposed of on 02.02.2016] has ruled that the meaning of date of lease-cum-
sale of the plot is not the actual date when the lease was executed by the authority rather th
e date is from the date of handing over possession to the allottee, who

¶8

 in pursuance of the terms and conditions deposited the money and allotment was made in
 his favour.

¶9

 Viewed from this angle, two years have elapsed in the meantime as found from t
he records from the date of possession.

¶10

 Taking into consideration all such facts and submissions, the O.P. No.3- C.D.A
. is directed to process the case for recommending 3rd Party transfer of the petitioners lease
d out land within three weeks from the date of submission of 3rd party transfer form or produc
tion of a certified copy of this order whichever is later, subject to compliance of any other
conditions as required by the C.D.A. and after verification of double allotment and/or allotme
nt through discretionary quota etc.

¶11

 The writ application is accordingly disposed of.

¶12

 Urgent certified copy of this order be granted as per rule.

¶13

 .
 C.R. Dash, J.

¶14

 Dhal

¶15

Harihar Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Harihar Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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