Jyotirmaya Pal Vs the State of Odisha — Orissa HC (2025) — LawSathi Research

Jyotirmaya Pal Vs the State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Sub-Collector-cum-Executive Officer, Dhenkanal, Endowment Dhenkanal to consider the Petitioner's application for refund of the bid amount (if made in terms of the auction sale notice dated 21.06.2024, with relevant information and documents) as expeditiously as possible, preferably within four weeks, and to communicate the decision to the Petitioner forthwith.

Issue for consideration

Whether the auction notice dated 28.02.2025 (Annexure-14) issued by the Sub-Collector-cum-Executive Officer, Debottar, Dhenkanal for leasing out the agricultural land at 'Gurujanga Asthira Kuda' should be set aside, and whether the land should be settled in the Petitioner's favour for a period of three years. +1 more

Ratio / Principle

The Court disposed of the writ petition without expressing any opinion on the merits of the submissions made by learned counsel for the Petitioner.

Key takeaways

If the Petitioner makes an application for refund of the bid amount in terms of the auction sale notice dated 21.06.2024, along with relevant information and documents, the Sub-Collector-cum-Executive Officer, Dhenkanal, Endowment Dhenkanal shall consider it as expeditiously as possible, preferably within four weeks thereof, and the decision taken shall be communicated to the Petitioner forthwith.ratio¶6

Detailed headnote1 paragraphs

Writ petition by Jyotirmaya Pal assailing the auction notice dated 28.02.2025 (Annexure-14) issued by the Sub-Collector-cum-Executive Officer, Debottar, Dhenkanal for leasing out agricultural land at 'Gurujanga Asthira Kuda', and seeking settlement of the land in his favour for three years. Counsel conceded that since the land had already been settled in favour of a successful bidder, no fruitful purpose would be served in pursuing the petition; the Petitioner had paid the entire bid amount under an earlier auction sale notice dated 21.06.2024, but possession was never delivered and the tender process was cancelled. The High Court disposed of the writ petition without expressing any opinion on the merits, directing that if the Petitioner applies for refund of the bid amount in terms of the 21.06.2024 auction sale notice along with relevant information and documents, the Sub-Collector-cum-Executive Officer, Dhenkanal, Endowment Dhenkanal shall consider the application expeditiously, preferably within four weeks, and communicate the decision forthwith.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.7008 OF 2025

Jyotirmaya Pal

…. Petitioner

Mr. Alok Kumar Panda, Advocate

-versus-

State of Odisha & others

…. Opp. Parties

Mr. Umesh Chandra Behura, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

08.04.2025

1. This matter is taken up through hybrid mode.

Petitioner in this writ petition seeks to assail the auction notice dated 28.02.2025 (Annexure-14) issued by Sub-Collectorcum-Executive Officer, Debottar, Dhenkanal for leasing out the agricultural land at ‘Gurujanga Asthira Kuda’. The Petitioner also prays for a direction to settle the aforesaid agricultural land in his favour for a period of three years on such terms and conditions as would be deemed just and proper.

In course of hearing, Mr. Panda, learned counsel for the Petitioner submits that since the agricultural land in question has already been settled in favour of successful bidder, no fruitful purpose would be served in pursuing the writ petition. He, however, submits that pursuant to the earlier auction sale notice dated 21.06.2024, the Petitioner being a successful bidder had already submitted the entire bid amount. Although, it was accepted by the tender inviting authority but subsequently without delivering possession of the land in question to the Petitioner, the

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tender process was cancelled and subsequent notice under Annexure-14 was issued.

He, therefore, submits that interest of justice will be best served, if the bid amount submitted by the Petitioner be refunded in his favour. He, however, fairly concede that no such application has yet been made by the Petitioner in that regard.

Mr. Behura, learned Additional Government Advocate submits that no such prayer has been made in the writ petition. However, if such an application is filed that would be considered in accordance with law.

In view of the above, this Court without expressing any opinion on the merits of the submission made by learned counsel for the Petitioner, disposes of the writ petition with a direction that in the event, the petitioner makes an application for refund of the bid amount in terms of auction sale notice dated 21.06.2024 in respect of agricultural land at ‘Gurujanga Asthira Kuda’, Dhenkanal, along with relevant information and documents, the same shall be considered by the Sub-Collector-cum-Executive Officer, Dhenkanal, Endowment Dhenkanal as expeditiously as possible preferably within a period of four weeks therefrom and the decision taken thereof, shall be communicated to the Petitioner forthwith.

(K.R. Mohapatra) Judge

(S.K. Mishra)

Signature Not Verified

Mona

Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2025 17:52:41

Judge

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