Sanjay Ku Sahoo v. State
Case brief
What is this about?
The court disposed of an old writ petition regarding issuance of a lease deed for auction-purchased property, directing the petitioner to file a representation with the respondent IDCO for a reasoned decision.
What the court decided
W.P.(C) No. 804 of 2007
06. 21.03.2017 This writ petition was filed in the year 2007 with the prayer
for a direction to the opposite party no.2-IDCO, Bhubaneswar to execute the lease hold rights
in favour of the petitioner.
2. Since 2007 no order has been passed except for adjournments having been sought
. On 19.06.2007, which was the last date when the case was listed, the order passed is to the
effect that none appeared for the petitioner and this Court had adjourned the case so as to e
nable the petitioner to show that opposite party no.2-IDCO is an instrumentality of the State.
3. The brief facts of the case are that the petitioner had purchased the property
in auction held by Orissa State Financial Corporation. The property was earlier leased out i
n favour of the third party, which has not been arrayed as an opposite party. Since such thir
d party had defaulted in payment of dues of the Orissa State Financial Corporation, auction wa
s held. The terms of the auction, as well as the order passed by this Court in the earlier wr
it petition, have not been placed on record. The petitioner claims that he has paid the entir
e amount of Rs.55,00,000/- (Rupees fifty five lakh) and possession has also been handed over i
n favour of the petitioner. He also claims that the other dues demanded by IDCO have also bee
n paid to it, yet the lease deed has not been executed in favour of the petitioner.
4. In view of the aforesaid facts and circumstances of the case and keeping in vi
ew that the petitioner has not pressed this petition for last more than a decade, we dispose o
f the writ petition with the observation that with regard to the grievance made in this writ p
etition, the petitioner may approach the opposite party no.2-IDCO, Bhubaneswar by filing a rep
resentation, which shall be considered and decided by the opposite party no.2-IDCO, Bhubaneswa
r in accordance with law by a reasoned and speaking order as expeditiously as possible, prefer
ably within three months from the date of filing of such representation.
With the aforesaid observation and direction, the writ petition stands dispose
d of.
....... ( VINEET SARAN )
CHIEF JUSTICE
..
( DR. B.R.SARANGI )
JUDGE
Issues for consideration
1 issue framed by the court
Whether the writ petition filed against IDCO for execution of leasehold rights should be disposed of given the long delay in pressing the matter.
Parties & counsel
- petitioner
Petitioner
- respondent
IDCO, Bhubaneswar
Coram
VINEET SARAN
Case details
As recorded by the court registry
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