Dismissed

Dhurba Ch.Ojha v. State

Orissa HC25 Aug 2023WP(C)/23724/2014

Case brief

AI extract

What is this about?

The petitioners challenged an eviction notice for land occupied for over 30 years, seeking settlement. The Court directed the State Government not to intervene as land was transferred to the Odisha State Housing Board, dismissing the petition and directing the Housing Board to consider the grievance for allotment within four months.

What did the court decide?

Direction to Odisha State Housing Board to consider petitioners' grievance and take decision for land allotment within four months.

Dhurba Ch.Ojha Vs State — Writ and Judicial Review | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 23724 of 2014

¶3

Dhurba Charan Ojha & Others ….. Petitioners

¶4

Mr. B. B. Bahali, Adv.

¶5

Vs.

¶6

State of Orissa and others

¶7

….. Opposite Parties

¶8

Mr. A.K. Mishra, AGA

¶9

CORAM:

¶10

DR. JUSTICE B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

¶11

ORDER 25.08.2023

¶12

Order No. This matter is taken up through hybrid mode.

¶13

¶14

Heard Mr. B.B. Bahali, learned counsel for the petitioners and Mr. A.K. Mishra, learned Addl. Government Advocate appearing for the State-opposite parties.

¶15

The petitioners have filed this writ petition seeking to quash the notice of show cause dated 15.05.2014 under Annexure-3 series issued by the Odisha State Housing Board, and to issue direction to the opposite parties to settle the land in favour of the petitioners within a stipulated time.

¶16

Mr. B.B. Bahali, learned counsel for the petitioners contended that the petitioners are in occupation of the land for more than 30 years and, therefore, the same can be settled in favour of the petitioner. It is further contended that though the petitioner approached the authority for settlement of the land, but it has been brought to the notice of the petitioner that the land has been transferred to the Odisha State Housing Board. As a consequence thereof, the notice of show cause dated 15.05.2014 has been issued by the Odisha State Housing Board to the

¶17

Page 1 of 3

¶18

petitioners under Annexure-3 series for eviction. It is contended that the petitioners are willing to occupy the land on settlement and whatever amount will be determined by the authority, the petitioners are willing to deposit the same instead of facing eviction.

¶19

Mr. A.K. Mishra, learned Addl. Government Advocate appearing for the State-opposite parties, on the other hand, contended that the land in question has already been allotted to Odisha State Housing Board. Therefore, the grievance of the petitioners can only be considered by the Board with regard to land occupied by the petitioners, but not the State Government.

¶20

Having heard learned counsel for the parties and after going through the records, this Court finds that the petitioner is in occupation of the land for more than 30 years, as stated by learned counsel for the petitioners, and, as such, the petitioners are interested to settle the land, which has not yet been done. As such, in the meantime, the State Government has already transferred the land in favour of Odisha State Housing Board. Therefore, it is open to the petitioners to approach the Odisha State Housing Board for settlement of the land on the basis of premium fixed by the Board. Needless to say, similar question had come up for consideration before this Court in W.P.(C) No. 13965 of 1999, W.P.(C) No. 13222 of 2005 and W.P.(C) No. 4338 of 2002 and all those writ petitions were heard analogously and disposed of by the common judgment dated 21.07.2008, wherein this Court observed that since the Government has allotted the land to the Housing Board, it is open to the Housing Board to consider the grievance of the petitioners and to take a decision for allotment of the land to the association in accordance with law within a period of four

¶21

Page 2 of 3

¶22

months.

¶23

In the above view of the matter, since similar matters have already been disposed of, this writ petition stands disposed of directing Odisha State Housing Board to consider the grievance of the petitioners and take a decision for allotment of the land to the petitioners in accordance with law within a period of four months from the date of production of certified copy of this order.

¶24

(DR. B.R. SARANGI) JUDGE

¶25

Laxmikant

¶26

(M.S. RAMAN)
JUDGE

¶27

Signature Not Verified

¶28

Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 28-Aug-2023 09:59:21

¶29

Page 3 of 3

Dhurba Ch.Ojha v. State

Case brief

What is this about?

What did the court decide?

Dhurba Ch.Ojha v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

M/S Milton Industria Vs State and Ors.

Purna Chandra Behera Vs State of Odisha

Latika Dalai Vs Cda,Cuttack

Kasti Turuk Vs State of Orissa

Kanhu Charan Pallai Vs State of Orissa

Laxmikanta Mallick Vs State of Odisha