Dismissed¶37

Dillip Kumar Sahoo v. State of Odisha

Orissa HC9 Jul 2024WP(C)/21499/2022

Case brief

AI extract

What is this about?

Dillip Kumar Sahoo v. State of Odisha and others; High Court of Orissa at Cuttack; W.P.(C) Nos.21499 & 21503 of 2022; dismissal of writ applications as withdrawn upon filing of memos; Sairat (sand bed) five-year lease auction, Morada Tahasil, Mayurbhanj; auction dated 25.10.2021 hampered by Mayurbhanj Band call by Mayurbhanj BJP; Tahasildar Morada notice dated 29.10.2021 reopening bids for 01.11.2021; conditional warning of Rs.50,000 cost for failure to prove readiness with documents before 26.10.2021; adjournment sought for additional affidavit; matter listed to 16.07.2024; no merits decided; coram Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho; order dated 09.07.2024.

What did the court decide?

In view of the memos filed by the petitioner praying withdrawal, the writ applications are dismissed, as withdrawn. ¶37

Dillip Kumar Sahoo Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.21499 of 2022

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& W.P.(C) No.21503 of 2022

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W.P.(C) No.21499 of 2022 Dillip Kumar Sahoo

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…. Petitioner

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Mr.Ananta Narayan Pattanayak, Advocate

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-versus-

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…. State of Odisha and others Opposite Parties Mr.P.P.Mohanty, AGA (for O.Ps.1 to 4) Mr.K.K.Mohanty, Advocate (for O.P.5)

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W.P. (C) No.21503 of 2022 Dillip Kumar Sahoo

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…. Petitioner

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Mr.Ananta Narayan Pattanayak, Advocate

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State of Odisha and others …. Opposite Parties Mr.P.P.Mohanty, AGA (for O.Ps.1 to 4) Mr.S.K.Dalai, Advocate (for O.P.5)

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MS. JUSTICE SAVITRI RATHO ORDER

Order No.

09.07.2024

These matters are taken up through Hybrid mode.

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Learned counsel appearing on behalf of the petitioner states that solely because there was ‘band’ declared on 25.10.2021 at Mayurbhanj, he could not submit the bid.

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Our attention has been drawn to the notice dated 29.10.2021 (Annexure-3) to the writ petition, i.e., W.P. (C) No.21503 of 2022, which is quoted below:

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“OFFICE OF THE TATHASILDAR, MORADA, CHITRADA.

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NOTICE

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No.2863//Dt.29/10/21 II

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Page 1 of 3

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Lease Notification of Sairat (Sand bed) for five years

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This is to bring kind notice to public that the auction process which was scheduled for first date i.e., 25.10.2021 was hampered due to the Mayurbhanj Band call by the Mayurbhanj BJP.

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Due to the above circumstances the auction process was hampered & some bidders were unable to submit their bidding/application. The interested bidders can apply on dt.01.11.2021 between 10.00 AM to 04.00 PM to the competent Authority in the Office of Morada Tahasil.

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The tender boxes will be open on 02.11.2021 at 12.00 Noon in the office chamber of Tahasildar Morada.

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The terms and conditions as published earlier vide Notice No.2683/dt.18.09.2021 will remain stand (in the web site www.mayurbhanj.nic.in). Besides this all the terms and conditions can be obtained from this Tahasil Office (Except holiday).

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NB:- The left out interested bidders to attach the document approved by concerned authority before 26.10.2021.

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Sd/-

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Tahasildar, Morada.”

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Learned counsel appearing for the petitioner seeks adjournment to file an additional affidavit to satisfy the Court that the petitioner was prepared with documents to submit the bid before 26.10.2021.

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The matter has been heard today for more than half an hour. As learned counsel for the petitioner is seeking an adjournment on this ground, we indicate that if the petitioner fails to satisfy this Court on the said point, the Court will impose a cost of Rs.50,000/- (Rupees fifty thousand) only.

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List this matter on 16.07.2024.

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Page 2 of 3

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Later 7. Learned counsel for the petitioner submits that the petitioner does not want to proceed with the writ petitions and prays for withdrawal of the same. To that effect, memos have been filed in Court today. The same are taken on record.

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