Jagadish Pr.Naik v. State And ORS.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 23507 of 2012 (Through hybrid mode) Jagadish Prasad Naik ....
Petitioner Mr. Sanjay K. Samantaray, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. A.K. Sharma, AGA
CORAM:
JUSTICE ARINDAM SINHA JUSTICE SANJAY KUMAR MISHRA
ORDER
23.11.2022 5.
1.
Mr. Samantaray, learned advocate appears on behalf of Order No.
petitioner and submits, his client is purchaser in respect of a plot of land of irregular size. He draws attention to minutes dated 2nd July, 2007 of Site Selection Committee, paragraph-14. It is reproduced below.
"14. Allotment of additional land in favour of Jagdish Prasad Nayak, purchaser of plot No.N-3-61, Jayadev Bihar, Bhubaneswar, Sri Jagdish Prasad Nayak, purchaser of plot No.N-361, Jayadev Bihar, Bhubaneswar has requested for
// 2 // allotment of a piece of irregular size of land which is lying vacant adjacent to his building as additional land. As per Amin report, an area measuring 38'.6" x 75' feet is available adjacent to plot No.N-3-61 and the same is under unauthorized occupation of Sri Nayak'. This discussed and committee members decided that the proposal may be placed the next SSC Meeting after a joint site visit by the members of the SSC." He submits, it will appear from the paragraph that the committee did not refuse grant of permission but pended it for after having joint site visit by the members.
2.
He submits, his client made representation dated 7th July, 2011 but nothing has been done. Hence, his client is before Court. 3.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, opposite party no.2 will duly deal with the representation.
4.
Opposite party no.2 is directed to consider and deal with petitioner's said representation dated 7th July, 2011. Petitioner should be informed result of the consideration within three weeks of communication.
// 3 // 5.
The interim order will continue till two weeks after communication of the decision is complete as on petitioner. 6.
The writ petition is disposed of.
(Arindam Sinha) Judge (S.K. Mishra) Judge Sks