N.Siva Sankar Vs Sub Collector Cum Special Certificate Officer, Bbsr

2. This I.A. has been filed for modification of order dated 19.12.2024 passed in W.P.(C) No.23699 of 2024, vide which the writ petition was disposed of, and to give opportunity to the Opposite Party No.2 to put forth its stand.

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3. It has been pleaded in the I.A. that, though Odisha Cooperative Housing Corporation Limited was impleaded as Opposite Party No.2, due to defect in the address of the Corporation, the cause title was amended subsequently. After getting notice from this Court, the Opposite Party

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No.2 appeared through the lawyer, namely, Pradipta Kishore Bhuyan, who filed his Vakalatnama on 09.12.2024. However, the writ petition was disposed of on 19.12.2024 without hearing the Opposite Party No.2, as the name of the advocate for the Opposite Party No.2 was not reflected in the cause list dated 19.12.2024.

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4. Though no document has been appended to the I.A. to demonstrate before this Court that Mr. Bhuyan filed the Vakalatnama on 09.12.2024, on being asked, Mr. Bhuyan hands up photocopy of the Vakalatnama dated 09.12.2024 along with the receipt granted by the computerized filing counter of this Court dated 09.12.2024, which are taken on record.

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5. It is ascertained from the order sheet that, prior to amendment of the cause title of the writ petition, Mr. Bhuyan was representing Mrs. Gitanjali Pattnaik, who was the Ex-Managing Director of the Odisha Co-operative Housing Corporation Ltd. (Opposite Party No.2). Mr. Bhuyan appeared on 30.10.2024 and submitted that since his client is no more continuing as the Managing Director of the Odisha Cooperative Housing Corporation Ltd., the cause title of the writ petition needs amendment. Accordingly, I.A. No.14966 of 2024 being filed for amendment of the cause title, the same was allowed vide order dated 19.11.2024 directing the Petitioner to file the consolidated cause title by 20.11.2024. It was ordered to issue notice to the Opposite Party No.2 by Registered Post with A.D. and list the matter in the week commencing from 16^th December, 2024.

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6. The tracking report on record indicates that the notice was delivered on the Opposite Party No.2 Corporation on

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05.12.2024, pursuant to which, the Opposite Party No.2 appeared on 09.12.2024 by filing Vakalatnama with the Registry, which is on record.

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7. Mr. Agarwal, learned Counsel for the writ petitioner submits, the cause list of this Court dated 19.11.2024, downloaded from the website of this Court, indicates that the name of Mr. P.K. Samal, learned Counsel, who has power for the OP Corporation along with Mr. Bhuyan, learned Counsel, was appearing in the cause list dated 19.12.2024, on which date the matter stood disposed of directing the Opposite Party No.1 (Certificate Officer) to conclude the C.C. Case No.17 of 2020 expeditiously, preferably within a period of six months from the date of production of the certified copy of the said order. Mr. Agarwal further submits, the said period of six months, as directed by this Court, is yet to expire.

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8. Mr. Agarwal submits, Mr. Bhuyan was the Counsel for the previous Managing Director, who was representing Opposite Party No.2 Corporation before amendment of the cause title of the writ petition. After amendment also he is the counsel for the Corporation. The name of Mr. P.K. Samal, learned Counsel for Opposite Party No.2 Corporation was also appearing in the cause list. Hence, prayer for modification of the order deserves to be rejected.

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9. Mr. Agarwal submits that C.C. Case No.17 of 2020 is pending for the last five years and because of the inaction of the authority concerned, his client was being constrained to approach this Court seeking for a direction to conclude the said C.C. case within a stipulated period.

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10. Mr. Agarwal further submits, the direction given by this Court vide order dated 19.12.2024 is to conclude the certificate proceeding within a stipulated period in terms of the Judgment of the Supreme Court, reported in 2021 (6) SCC 418 ( Rahul S.

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Shah Vs. Jinendra Gandhi ). The present Opposite Party No.2, who is the Certificate Debtor in C.C. Case No.17 of 2020, has a right to have its say before the Certificate Officer (Opposite Party No.1). There is no such observation made by this Court vide order dated 19.12.2024 not to give any opportunity to the Opposite Party No.2, who is the Applicant in this I.A.. Hence, the apprehension of the learned Counsel for the Opposite Party No.2 that the Certificate Officer may not grant opportunity to the Corporation to have its say is baseless. 11. Admittedly, the name of Mr. P.K. Samal, learned Counsel, appeared along with Mr. Bhuyan, learned Counsel to represent the Opposite Party No.2, was appearing in the cause list of this Court dated 19.12.2024. Apart from that, it was well within the knowledge of Opposite Party No.2 as to pendency of the writ petition. This Court, without expressing any opinion on merit, disposed of the writ petition by targeting C.C. Case No.17 of 2020, pending in the Court of Sub-Collector-cum-Special Certificate Officer, Bhubaneswar. Hence, this Court is of the view that there is no need to modify the order dated 19.12.2024 passed in the writ petition, as the Opposite party No-2, who is the Certificate Debtor in C.C. Case No.17 of 2020, is well aware about pendency of the said case and will no way be prejudiced by the order dated 19.12.2024 passed by this Court. 12. Accordingly, the I.A. stands disposed of.

(S. K. Mishra)

Prasant

Judge

Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-Apr-2025 17:13:48

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Signature Not Verified

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N.Siva Sankar v. Sub Collector Cum Special Certificate Officer, Bbsr

Case brief

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N.Siva Sankar v. Sub Collector Cum Special Certificate Officer, Bbsr

Case brief

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