Disposed

Priyanath Subudhi v. State

Orissa HC24 Nov 2021WP(C)/6723/2009

Case brief

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What is this about?

The High Court of Orissa, Cuttack disposed of a writ petition concerning a cancelled allotment of a plotted development. The Court directed the BDA to offer the petitioner a choice of available plots within two weeks. The purchase price would include interest on the earlier deposit at 12% per annum simple, to be adjusted against the consideration, with the balance payable by the petitioner. All fo

What did the court decide?

Directed the BDA to offer three available plots to the petitioner within two weeks, calculate the price at Rs. 5,000 per sq. ft. adjusted with 12% p.a. simple interest on the earlier deposit, and allo

Priyanath Subudhi Vs State — Landlord and Tenant | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.6723 of 2009 (Through hybrid mode)

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Priyanath Subudhi

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Petitioner

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Mr.S.K.Dash, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties

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Mr.D.Mohapatra, Advocate (O.P.2)

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CORAM: JUSTICE ARINDAM SINHA

ORDER

24.11.2021

Order No.

11.

Mr. Mohapatra, learned advocate appears on behalf of Bhubaneswar Development Authority (BDA) and hands up copy of instruction memo dated 20^th November, 2021. He submits, three plots are available under Chandrasekhar Plotted Development Scheme, Ph-II, Niladrivihar, Bhubaneswar. Rs.1,12,058/- paid by petitioner for the cancelled allotment has not been refunded though refund cheque was dispatched, as it was returned undelivered.

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Mr. Mohapatra submits, cost of plot will be at the rate of Rs.5000/- per square feet. He submits, petitioner is welcome to opt to purchase one of the three plots available.

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Mr.Dash, learned advocate appears on behalf of petitioner and submits, his client will take one of the three plots that are available. He prays for direction of Court to award

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interest on the sum earlier deposited, so that aggregate can be adjusted against the present cost. Balance will be paid by his client.

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BDA will give option petitioner to choose one of the three plots available as mentioned in the memo. This must be done within two weeks from date of communication of this order. Within a week thereafter, petitioner will indicate his choice. Consequently and forthwith thereafter, price of chosen plot at the rate of Rs.5000/- per square feet will be ascertained. Rs.1,12,058/- along with interest @ 12% per annum simple from date of deposit till date of conveyance be added and the aggregate will be adjusted against the consideration payable. Petitioner will pay the balance. All formality should be concluded for petitioner to enjoy the property.

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RKS

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With above direction, the writ petition is disposed of.
(Arindam Sinha)
Judge

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Priyanath Subudhi v. State

Case brief

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Priyanath Subudhi v. State

Case brief

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