Appeal against an order dismissing a writ petition challenging government quarters allotment. Bench held the impugned order void for lacking independent findings and reasons, setting it aside without touching merits.
Impugned order set aside; writ petition restored to original file and number for rehearing by Single Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.941 of 2025
Satyabhama Devi Welfare Trust, …. Appellant Bhubaneswar
Represented by Adv.– Mr. Colin Gonsalvas, Senior Advocate Mr. D.K. Mohapatra, Advocate
-Versus-
State of Odisha and others
…. Respondent
Represented by Adv.– Mr. K.C. Kar, Government Advocate
CORAM: HON’ BLE THE CHIEF JUSTICE AND
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No.
I.A. No.2891 of 2025
24.06.2025
the I.A., we find that the appellant was prevented by a sufficient
Page 1 of 6
cause in not preferring the appeal within the period of limitation provided therefor. Accordingly, the delay in filing the instant appeal is hereby condoned.
4. The I.A. is accordingly allowed.
W.A. No.941 of 2025
“ 1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this Writ Petition challenging the letter dated 26.11.2024 issued by the Rent Officer, G.A and P.G. (Rent) Department, Bhubaneswar under Annexure-6 and the order dated 17.02.2025 passed by the Additional Chief Secretary to Government G.A. and P.G. Department, Bhubaneswar under Annexure-9.
3. Heard learned counsels for the Parties.
4. Learned counsel for the Petitioner submits that the Petitioner was allotted a Government premises (quarter)
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VR-56 in Unit-VI, in the New Capital which was provisionally allotted in favour of Managing Trustee, Satyabhama Devi Welfare Trust, Bhubaneswar for functioning of the +2 College for Hearing Impaired students for a period of one year subject to renewal on payment of standard rent as applicable from time to time per month.
5. However, the Petitioner/Trust had started admitting +3 students which was not permissible in the allotment letter dated 06.01.2016 issued by the Additional Director of Estates-cum-Joint Secretary to Government, General Administration Department, Government of Odisha.
6. Learned counsel for the Petitioner further submits that the Petitioner approached the Principal Secretary, Department of General Administration and Public Grievance, Government of Odisha, Bhubaneswar by filing a representation for continuation of the allotment of the quarter No.VR-56, Unit-VI, Bhubaneswar in favour of his trust for imparting +3 courses for Hearing Impaired students. However, the said authority had rejected the representation made by the present Petitioner through order dated 17.02.2025. The relevant portion of the order dated 17.02.2025 issued by the Rent Officer, G.A and P.G. (Rent) Department, Bhubaneswar is extracted hereinbelow:
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“XXX After carefully going through the connected documents and understanding the flow of events, 1 found that the +2 wing of this college has been shifted to the own building of Satyabhama Devi Welfare trust, constructed at Gothapatna over the land provided by the Government in Revenue & Disaster Management Department. At present, +3 Degree College is functioning in the said Government quarters in deviation of the original purpose of allotment. It is complete violation on the part of Satyabhama Devi Welfare Trust, to run +3 College at the sald Government quarters. When the Trust opened +3 College, it was its responsibility to arrange space/ accommodation for functioning of the said College. The Government quarters was allotted for a temporary period for functioning of +2 College, not the +3 College.
Further, the term of license of the quarters allotted to the Trust expired on 05.01.2017 and since then the Trust has not applied for renewal of license and has been unauthorizedly occupying in the said quarters.
Hence, I am satisfied that the present representation filed by the Menaging Trustee, Satvabhama Devi Welfare Trust, for retention
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of Government quarters No. 56, Type- VR, Unit-VI, Bhubaneswar, is without merit and, therefore, rejected.”
7. In such view of the matter, this Court is not inclined to entertain the prayer made in the present Writ Petition.
8. Accordingly, the Writ Petition is dismissed.”
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with the reason made in his favour or against him. The order bereft
of reason is always regarded as no order in the eye of law.
of a proper reason, the same cannot be sustained. The order impugned in the instant appeal is hereby set aside. The writ petition is restored to its original file and number. We request the learned Single Judge to rehear the said writ petition and dispose of the same as expeditiously as possible.
order is interfered with solely on the ground that it lacks reasons.
(Harish Tandon)
Chief Justice
(M.S. Raman)
Judge
S.K. Guin/PA
Signature Not Verified
Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Jun-2025 12:11:07
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2 issues framed by the court
Whether an order dismissing a writ petition without recording independent findings or reasons can be sustained.
Whether the requirement of speaking order is violated when single bench fails to provide reasons for dismissal.
Satyabhama Devi Welfare Trust
State of Odisha
Harish Tandon
M.S. Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
