Mahendranath Patnaik Vs Vice Chairman,Bda,Bbsr

“It is therefore, most respectfully prayed that, your lordships be graciously pleased to admit/allow this writ application and issue a writ of mandamus or any other writ(s) of like nature and direction(s) or order(s) to the Opp.Partics by quashing the impugned proceeding and notice No.24963/BDA/KMD/1128/93 dated 03.09.2015 under Annexure-1 as illegal arbitrary and bad in the eye of law and Pass such order (s)/direction(s) as this Hon’ble court may deem it fit and proper in the interest of justice, equity and good conscience.

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The essential grievance of the Petitioner is as to the threatened cancellation of allotment of the site, which he got pursuant to a Co-ordinate Bench order dated 17.08.2009 entered in his earlier W.P.(C) No.11423 of 2005, a copy of whereof avails at Annexrue-6.

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Though the case has a checkered history, it need not be reflected in this order in view of General Administration and Public Grievances Department’s Resolution No.35008 dated 08.12.2022, which reads as under:-

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“Government of Odisha General Administration and Public Grievance Department

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… RESOLUTION

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No.GAD-CA4-ALLOT-0026-2016-35008/Gen, Bhubaneswar dtd. 08.12.2022

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Sub: Exclusion of single allotment made by BDA, CDA and OSHB under the discretionary quota (DQ) through falr means by adopting the prescribed procedures and provisions.

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The State Government accepted the Task Force Report in the Cabinet and issued necessary instructions vide Resolution No. 2538 dtd 30-012015 which stipulates that BDA, CDA and OSHB should cancel all allotments of plot/house/flat under Discretionary Quota (DQ) made under different schemes after the 1st January 1995 including their pre and post-possession transfers and the plots/houses and flats should be resumed to the concerned authorities.

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But the provisions in the Task Force Report at paragraph-48(7) as mentioned below was not incorporated in the above Resolution although it was also accepted by the State Government in the same Cabinet.

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"However, it is suggested that cancellation may not be done in respect of the allottee getting only one plot/house/flat through fair means and by following prescribed procedure and provisions for such transfer"

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As a result, genuine single allottees under DQ allotment, submitted grievances before the Development Authorities, Government in GA & PG Department & H & UD Department and also took shelter of the Courts of Law for their right, title and interest over the allotted land patch.

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It is in this context that the Development Authorities like BDA/CDA/OSHB moved to Government in GA Department for necessary clearance and general clarification for dealing with post allotment matters of such DQ allotments.

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Government, after careful consideration, have been pleased to decide for exclusion of the names of the allottees, getting only one plot/house/flat through fair means and by following the prescribed procedure and provisions and for transfer of such allotments in favour of the legal heirs of the original allottee from the purview of the Task Force Report.

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Order.- Ordered that the Resolution be published in the Odisha Gazette and copies thereof be forwarded to Principal Secretary, Finance Department/ Principal Secretary, H & UD Department/ Secretary, Law Department/ Directorcum-Additional D.G.P, Vigilance, Odisha, Cuttack/ Secretary, BDA, Bhubaneswar /Secretary, OSHB, Bhubaneswar, Secretary, CDA, Cuttack, Director, Printing Stationery & Publication, Odisha, Cuttack/ Secretary to Governor/ 50 copies thereof to this Department for use.

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In the light of the above development, now only the period has to be prescribed for execution and registration of the conveyance in favour of the petitioner subject to he complies with usual requirements. At this stage, learned Senior Advocate for the Petitioner submits that the Petitioner would comply with all the formalities within a period of one month reckoned from this day.

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To facilitate such compliances, the Opposite PartyBhubaneswar Development Authority shall within a period of fifteen (15) days reckoned from this day, communicate in writing to the petitioner what all are those usual requirements, which he has to comply with. After the Petitioner complies with the formalities to be indicated by the Opposite PartyBhubaneswar Development Authority, the necessary conveyance in favour of the Petitioner shall be duly executed

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and registered by the Bhubaneswar Development Authority within one month from the date of such communication.

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In the event, the Bhubaneswar Development Authority fails to comply with this mandate, its Secretary shall be liable to pay a sum of Rs.2,000/- (Rupees Two Thousand) per day personally from his pocket, which he may recover from the erring officials in accordance with law.

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The writ petition is disposed off accordingly.

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Now, no costs.

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Web copy of this order to be acted upon by all

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concerned.

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( Dixit Krishna Shripad) Judge

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Basu

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Signature Not Verified

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Digitally Signed Signed by: BASUDEV NAYAK Designation: ASST. REGISTRAR-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 22-Aug-2025 11:35:26

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Mahendranath Patnaik v. Vice Chairman,Bda,Bbsr

Case brief

What is this about?

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Mahendranath Patnaik v. Vice Chairman,Bda,Bbsr

Case brief

What is this about?

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What the court decided

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