Susama Senapati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2834 of 2022 Susama Senapati & Ors.

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Petitioner(s) Ms. P. Naidu, Advocate -versusState of Odisha & Ors.

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Opposite Party(s) Mr. R.P. Mahapatra, Addl. Govt. Adv. for O.Ps.1 & 2 Mr. D. Mohapatra, Adv. for OSHB-O.P.3

CORAM:

JUSTICE BISWANATH RATH

ORDER

03.03.2022 Order No.

01.

1.

This writ petition involves the following prayer: "

PRAYER The Petitioners, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to issue Rule Nisi calling upon the Opposite Parties to show cause as to why immediate steps shall not be taken for allotment of the strip of vacant land lying adjacent to the Petitioners plot in accordance with the Policy decision, scheme as well as the commitments made under ANNEXURE 1, 2 & 3 and as to why the Opposite Parties more particularly the Opposite Party No.2 shall not be directed to allot the lands at the cost prevailing in the year 2010 when policy decision was taken under ANNEXURE-2.

And if the opposite parties fail to show cause or show insufficient cause to make the said Rule absolute

// 2 // by issuance of an appropriate writ (s), order (s), direction (s) as this Hon'ble Court may deem fit and proper.

And/or to pass such other order (s) as this Hon'ble Court may deem fit and proper taking into consideration of the facts and circumstances of the present case." 2.

Considering the request of the Petitioners involved herein, this court finds, the case is banked upon the documents existed prior to 2016. Keeping this in view and as the old representation is pending for consideration, to avoid any further loss of time, this Court while declining to entertain the stale claim of the Petitioners at this stage, permits the Petitioners to make fresh individual applications to the competent authority i.e. the Opposite Party No.3 within a period of fifteen days hence. It is further directed that in the event the Petitioners make such applications within the aforesaid period, the competent authority shall do well in enquiring into the request of the Petitioners and passing appropriate orders within a period of three months thereafter and if necessary, involving the parties likely to be affected. 3.

The writ petition stands disposed of.

(Biswanath Rath) Judge Ayaskanta Jena