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Orissa High CourtWP(C)/7863/2017disposed off

Ranjeet Patra v. Rourkela Deveopment Authority And ANR.

2022-03-21Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7863 of 2017 Ranjeet Patra ....

Petitioner Mr. Biswajit Nayak, Advocate -versusRourkela Development Authority and another ....

Opposite Parties Mr. D.R. Bhokta, Advocate on behalf of Mr.D.K. Mohapatra, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK Order No.

ORDER

21.03.2022 04.

1. The present petition has been filed questioning the auction process initiated by the Rourkela Development Authority (RDA) in respect of shop room adjacent to the Lions Eye Hospital, Civil Township, Rourkela. The Petitioner claims that he was the highest bidder and yet the shop room has not been allotted to him.

2. While issuing notice in the present petition on 16th May 2017, this Court had directed as an interim measure that one shop room should be kept vacant until further orders. That interim order has continued for nearly five years. As a result, that shop room in a commercial complex has remained vacant with no one getting the shop.

3. The ground reality is that the present market value of the said shop has increased manifold. The rate at which the shop was

being offered by way of auction would obviously have increased by now and the RDA would have to go in for a fresh auction.

4. In that view of the matter, it is directed that steps for holding a fresh auction in respect of the shop in question be initiated and completed by the RDA within a period of three months from today. It will be open to the Petitioner to participate in such auction. Clearly, the earlier auction is no longer valid and that process will be brought to an end by virtue of this order. If the Petitioner is going to participate in the new auction, the deposit already made by the Petitioner in the previous auction will be duly accounted for and if he does not participate in the new auction, it should be refunded to him within four weeks.

5. The writ petition is disposed of in the above terms.

6. Urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Guin