Petitioner sought relief as auction was cancelled. Court granted liberty to file fresh representation to Commissioner about grievances relating to shop operation and deposit return. Commissioner directed to decide within two weeks.
Liberty to petitioner to file fresh representation within 10 days; Commissioner to decide within two weeks.
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W.P. (C) No.9920 of 2021
Hiranya Barik
……. Petitioner
-Vrs-
State of Odisha and others ..…. Opp. parties
03 26.03.2021
This matter is taken up through Hybrid mode.
Heard learned counsel for the petitioner and learned Addl. Government Advocate.
Since the auction pursuant to notice dated 01.03.2021 (Annexure-8) has already been cancelled and another date fixed for fresh tender for the Kapilash Bhoga Shop for the year 2021-22, first prayer in the writ petition has become infructuous.
The second prayer of the petitioner in this writ petition is to allow him for opening of “Bhoga Shop” inside Kapilash Temple without tender in a reasonable price for the financial year 2021-22 cannot be granted as it is against the provisions of law.
Learned counsel for the petitioner submits that he is under financial distress as he could not operate the Bhoga Shop due to Covid-19 restriction and has no money to participate in auction as his security amount and other deposits have not been released and prays that direction may be issued to return the same.
Bichi
Considering the submissions made and without entering into the merits of the case, this Court grants liberty to the petitioner to file a fresh representation before the Commissioner of Endowments, Odisha, Bhubaneswar (opp. party No.2) ventilating his grievances within a period of
10 days hence. In the event, such approach is made within the stipulated time, the opp. party No.2 shall do well to take a decision on the representation within a period of two weeks from the date of production of the certified copy of this order along with a copy of the writ petition by passing a reasoned order in accordance with law.
The writ petition is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
..……………………… S.K.Mishra, J.
…..…………………… Savitri Ratho, J.
2 issues framed by the court
Whether petitioner can be allowed to operate Bhoga Shop without tender due to financial distress.
Whether direction should be issued to return security amount and deposits to petitioner.
Hiranya Barik
State of Odisha
Commissioner of Endowments, Odisha, Bhubaneswar
S.K. Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
