Disposed

Binapani Sahoo v. State of Odisha

Orissa HC7 Oct 2020WP(C)/6692/2017

Case brief

AI extract

What is this about?

Petitioner sought direction for execution of sale deed for a flat. Court directed the Housing Board to consider the petitioner's application for sale deed execution within two months if no legal impediment exists, allowing two weeks for the application.

What did the court decide?

Directed petitioner to apply for sale deed execution within two weeks; Board to consider and execute deed within two months if no legal impediment exists.

Binapani Sahoo Vs State of Odisha — Contract and Commercial Disputes | Orissa HC (2020)

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W.P.(C) No. 6692 of 2017

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04 07.10.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. Ranjan Kumar Rout, learned counsel for the petitioner and Mr. B.R. Behera, learned Addl. Standing Counsel for the State-opposite parties 1 and 3.

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The petitioner in this writ petition prays for a direction to the opposite parties, more particularly the opposite party no.2-Orissa State Housing Board, Bhubaneswar to take steps for execution of the sale deed in respect of Flat No. B-304 in Block No.1 of Toshali Apartment, Satyanagar, allotted in her favour vide Annexure-2, within a stipulated time.

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Mr. Rout, learned counsel for the petitioner submits that the petitioner has purchased the aforesaid Flat on payment of a consideration amount of Rs.6,18,217/-, but the sale deed could not be executed in her favour on the plea that the land in question over which Toshali Apartment stands was not handed over to the Orissa State Housing Board, Bhubaneswar. He referring to the affidavit filed by the petitioner on 26.06.2020 further submits that in the meantime, the land in question has been transferred in favour of the Orissa State Housing Board, Bhubaneswar by the Government in G.A. & P.G. Department vide order no. 37949/CA dated 31.12.2019, which is apparent

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from the letter no. 9234 dated 17.05.2020 issued by Orissa State Housing Board to one Smt. Kalyani Tripathy, who is also an owner of Flat No.A-404, BlockI, Toshali Apartment, Satyanagar, Bhubaneswar. In that view of the matter, he submits that since the land in question has already been transferred in favour of the Orissa State Housing Board, Bhubaneswar, there is no impediment on the part of it to execute the sale deed in favour of the petitioner in respect of Flat No. B-304 in Block No.1 of Toshali Apartment, Satyanagar allotted to her.

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None appears for the opposite party no.2.

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Mr. Behera, learned Addl. Standing Counsel for the State-opposite parties 1 and 3 submits that he has no instruction in the matter. However, the petitioner may be permitted to file an application before the Secretary, Orissa State Housing Board, Bhubaneswar so that her grievances can be considered.

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Taking into consideration the submissions of learned counsel for the parties, this writ petition is disposed of with a direction that in the event the petitioner files an application before the Secretary, Orissa State Housing Board, Bhubaneswar-opposite party no.2 within a period of two weeks hence for execution of the sale deed in respect of Flat No. B-304 in Block No.1 of Toshali Apartment, Satyanagar, Bhubaneswar, he shall do well to consider the same and

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execute necessary sale deed in respect of the said Flat within a period of two months thereafter complying with the formalities, if there is no legal impediment.

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Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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.................................

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K.R. Mohapatra, J.

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bks

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Binapani Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Binapani Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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