Ajay Kumar Tripathy Vs the Odisha State Housing Board, Bbsr

W.P.(C) No. 225 of 2020

02. 14.01.2020

Heard Mr. B. Baug, learned counsel for the petitioner.

The petitioner has filed this application seeking for a direction to opposite parties no. 1, 2 and 4 to execute the leasecum-sale deed in favour of the petitioner in respect of his MIG (S) House for valuation/consideration of Rs.5,72,572/- and further to direct the opposite parties no. 3 and 5 to register the sale deed on the valuation of Rs.5,72,572/- and to accept the stamp duties and fees on the said valuation instead of the benchmark valuation.

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Mr. B. Baug, learned counsel for the petitioner contended that a similar matter had come up for consideration before the Division Bench of this Court in Santosh Kumar Nanda v. The Odisha State Housing Board (Writ Appeal No. 241 of 2019 disposed of on 21.10.2019) and in the said case while setting aside the order passed by the learned Single Judge, direction was issued to the respondents therein to execute the sale deed as per the valuation reflected in the draft lease-cum-sale deed, as expeditiously as possible.

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In view of such position, since nothing has been placed on record to indicate that against the judgment and order dated 21.10.2019 passed in W.A. No. 241 of 2019 the respondents have moved the apex Court, the said judgment and order has to be implemented. Therefore, this Court disposes of the writ petition directing the opposite parties to execute the lease-cumsale deed as well as the sale deed taking into consideration the valuation as reflected in the draft lease-cum-sale deed by calculating the stamp duty as per such valuation, instead of taking into consideration the benchmark valuation, in terms of the judgment in Santosh Kumar Nanda (supra).

¶7

With the above observation and direction, the writ petition stands disposed of.

¶8

Ashok

¶9

Dr. B.R. Sarangi, J.

Ajay Kumar Tripathy v. the Odisha State Housing Board, Bbsr

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Ajay Kumar Tripathy v. the Odisha State Housing Board, Bbsr

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