Shesashish Acharya Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Shesashish Acharya Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the Petitioner to file a fresh representation with a copy of the order within ten days; the authority concerned to dispose of the representation in accordance with Rules and Law within four weeks thereafter and communicate the result to the petitioner within one week thereafter.

Issue for consideration

Whether OP No.3 should be directed to take steps to rectify the plot number wrongly mentioned in the sale deed (Annexure-6) as Plot No. 695/696 instead of the correct Plot No. 665/696 of Khata No. 36, Mouza Badaraghunathpur, Tahasil-Janti, Dist-Khurda. +1 more

Ratio / Principle

Liberty is granted to the Petitioner to file a fresh representation before the authority concerned with a copy of this order within ten days.

Key takeaways

On such filing, the authority concerned shall dispose of the Petitioner's representation in accordance with Rules and Law within four weeks thereafter and communicate the result thereof to the petitioner within one week thereafter.ratio¶15
The writ petition is accordingly disposed of.ratio¶16

Detailed headnote1 paragraphs

Writ Petition (C) disposed of with directions — Rectification of plot number in sale deed. Petitioner sought a direction to OP No.3 to rectify the plot number wrongly mentioned in the sale deed (Annexure-6) as Plot No. 695/696 instead of the correct Plot No. 665/696 of Khata No. 36, Mouza Badaraghunathpur, Tahasil-Janti, Dist-Khurda (Ac. 0.015 dec.). His representations dated 11.10.2022, 13.06.2023 and 08.08.2023 to the Managing Director, Orissa Cooperative Housing Corporation Ltd., Bhubaneswar remained unactioned, and none appeared for OP Nos. 2 and 3 despite valid service of notice. Held: liberty granted to the Petitioner to file a fresh representation with a copy of the order within ten days; the authority concerned to dispose of it in accordance with Rules and Law within four weeks thereafter and communicate the result to the petitioner within one week thereafter. Writ petition disposed of. (G. Satapathy, J.; 07.01.2025)

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10474 of 2024

Shesashish Acharya … Petitioner

Mr. M.K. Mohapatro, Advocate

-versus-

State of Odisha and others … Opposite Parties

Mr. S.K. Rout, AGA

Order No.

04.

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 07.01.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

The writ petition by the Petitioner seeks for a direction to OP No.3 to take steps to rectify the plot no. wrongly mentioned in the sale deed under Annexure-6 as plot No. 695/696 instead of correct plot no. 665/696 of Khata No. 36 under Mouza Badaraghunathpur, Tahasil-Janti, Dist- Khurda measuring an area of Ac. 0.015 dec.

In the course of hearing, Mr. Mohendra Kumar Mohapatro, learned counsel for Petitioner appears, but none appears for OP Nos. 2 and 3 despite valid service of notice. It is, however, apprised by Mr. Mohapatro that the representations of the petitioner to Managing Director, Orissa Cooperative Housing Corporation Ltd., Bhubaneswar dated 11.10.2022 is still pending, followed by representations dated 13.06.2023 and 08.08.2023, but the authority concerned is putting a deaf ear to such a representations and, therefore, the

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authority concerned may kindly be directed to dispose of his representation.

In view of the aforesaid facts and circumstance, especially when none appears for OP Nos. 2 and 3, this Court has no option left, but to grant liberty to the Petitioner to file a fresh representation before the authority concerned with the copy of this order within ten days hence and in such event, the authority concerned shall dispose of the representation of the Petitioner in accordance with Rules and Law within four weeks thereafter and communicate the result thereof to the petitioner within one week thereafter.

The writ petition is accordingly, disposed of.

(G. Satapathy) Judge

Priyajit

Signature Not Verified

Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 08-Jan-2025 17:35:28

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