Disposed

Siba Prasad Patnaik v. State of Odisha

Orissa HC17 May 2023WP(C)/13074/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought execution of a lease deed for a HIG plot under the Kalinga Nagar Scheme. The Court directed the Development Authority to finalize the execution within one and a half months, considering a prior judgment.

What did the court decide?

Directing Opposite Party No.2 to execute the lease deed for the allotted HIG plot within 1.5 months of the order.

Siba Prasad Patnaik Vs State of Odisha — Landlord and Tenant | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13074 of 2023

¶2

Siba Prasad Patnaik

¶3

…. Petitioner(s)

¶4

Mr. R. Roy, Adv.

¶5

-versus-

¶6

State of Odisha & Anr.

¶7

…. Opposite Party(s) Mr. S.P. Panda, AGA Mr. D. Mohapatra, Adv.

¶8

CORAM: JUSTICE BISWANATH RATH

ORDER

17.05.2023

Order No.

1. Heard the submissions of learned counsel for Petitioner and learned AGA for the State-Opposite Parties.

¶14

2. This Writ Petition involves the following prayer:-

¶15

<It is therefore, prayed that this Hon’ble Court may graciously be pleased to issue rule NISI calling upon the Opp. Parties more particularly Opp. Party No.2 to show cause as to why the grievance of the Petitioner vide his representation dtd.18.03.2023 under annexure-8 shall not be considered in the light of the judgment dtd.12.10.2022 of this Hon’ble Court passed in W.P.(C) No.12489 of 2022 – Dr. Shashwati Mohapatra vrs. State of Odisha & another under annexure-7 and a lease deed be executed in his favour in respect to his allotted HIG Category plot bearing K-9B-104 under Kalinga Nagar Plotted Development Scheme by the Bhubaneswar Development Authority.

¶16

And if the Opp. Parties failed to show cause or show insufficient cause, then make the said rule absolute by directing the Opp. Parties to forthwith consider the grievance of the Petitionr under annexure-8 and if his case is covered by the judgment dtd.12.10.2022 passed in the case of Dr. Shashwati Mohapatra vrs. State of Odisha, forthwith execute the lease deed in respect to his allotted HIG Category plot bearing K-9B-104 under Kalinga Nagar Plotted Development Scheme by the Bhubaneswar Development Authority,

¶17

And further be pleased to pass any other order/orders as may be deemed fit and property in the interest of Justice,=

¶18

Page 1 of 2

¶19

// 2 //

¶20

3. In course of hearing this Court finds, request of the Petitioner in the matter of execution of the lease deed is pending in the hand of the Development Authority. At the same time it appears, Petitioner has made request to the Secretary, BDA vide Annexure-8 for expediting the execution of the lease deed. There appears, in the representation the Petitioner has taken help of a judgment of this Court appearing at Annexure-7. Since the issue is pending in the hand of the Development Authority, this Court directs Opposite Party No.2 to take final decision on the execution of the lease deed aspect also keeping in view the observation and direction of this in disposal of W.P.(C) No.12489 of 2022 disposed of on 12.10.2022.

¶21

4. The entire exercise shall be completed within a period of one & half months from the date of communication of a copy of this order along with a copy of the judgment in W.P.(C) No.12489 of 2022 by the Petitioner.

¶22

5. Writ Petition stands disposed of with the above order.

¶23

(Biswanath Rath) Judge

¶24

Ayaskanta Jena

¶25

Signature Not Verified

¶26

Digitally Signed Signed by: AYASKANTA JENA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-May-2023 12:43:52

¶27

Page 2 of 2

Siba Prasad Patnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Siba Prasad Patnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak Ranjan Khillar Vs State of Odisha

Chitra Ganda @Bag Vs Konark Institute of

Bilasini Gouda Vs State of Odisha.

Tribhubannanda Dash Vs State of Odisha

Gurubara Mandal Vs Addl. Commissoner of Settlement and Consolidation, Berhampur

Abadhuta Sahoo Vs the Tahasildar, Kantapada