Sujata Kumari Dash v. State of Odisha
Case brief
What is this about?
Orissa High Court, Cuttack; WP(C) No.2863 of 2025; Justice Ananda Chandra Behera; order dated 20.02.2025; disposed. Petitioners (Sujata Kumari Dash and seven others) challenged registration of the Hi-tech Heaven Flat Owners Welfare Association before Opposite Parties including State of Odisha, Competant Authority-cum-Secretary BDA, Addl Registrar of Societies, Chairman ORERA and Addl District Magistrate, Puri. Court disposed of the writ petition with liberty to approach the appropriate authority under Section 25, Odisha Apartment (Ownership and Management) Act, 2023; Appellate Authority to condone delay per Section 14, Indian Limitation Act, 1963 (wrong forum) and decide any appeal within two months. Statutes: S.25 Odisha Apartment (Ownership and Management) Act 2023; S.14 Indian Limitation Act 1963. No precedent cases cited.
What did the court decide?
Liberty to the petitioners to approach the appropriate authority under Section 25 of the Odisha Apartment (Ownership and Management) Act, 2023 to challenge the registration of the association; any appeal before the Appellate Authority under Section 25 to be entertained with delay condoned under Section 14 of the Indian Limitation Act, 1963 (wrong forum) and decided within two months of communication of the order; urgent certified copy on proper application.