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Orissa High CourtWP(C)/15892/2022disposed off

Narayan Manik v. State Of Orissa

2022-09-07Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15892 of 2022 Narayan Manik ....

Petitioner(s) Mr. J.K. Naik, Advocate -versusState of Orissa & Ors.

....

Opposite Parties Mr. S.P. Panda, Addl. Govt. Adv. for O.P.1 Mr. D. Mohapatra, Advocate for O.Ps.2 & 3

CORAM:

JUSTICE BISWANATH RATH

ORDER

07.09.2022 Order No.

02.

1.

This writ petition involves the following prayer:- "Under the above facts and circumstances the petitioner humbly prays that this Hon'ble Court may be graciously pleased to;

a) Admit the above writ application issue notices to the Opposite Parties to show cause as to why the impugned letter vide Letter No.5359/CDA dt.19.05.2022 under Annexure-6 shall not be set aside.

b) And if the opposite parties failed to show cause or caused insufficiently, then, the rule NISI may be absolute.

c) To direct the Opp. parties to issue 3rd Party Application Form and accept the duly filled-in-application form for further proceeding for transfer of the aforesaid plot and building to the proposed buyer within stipulated period of time as decided by this Hon'ble Court.

// 2 // And may pass any other appropriate orders(s) as this Hon'ble Court deems just, equitable and proper taking into consideration of the facts and circumstances of the case."

And may pass any other order(s) as this Hon'ble 2.

Considering that the request of the Petitioner for issuing 3rd party transfer application for sale of the plot no.8-2F/225 in Sector-8 of Bidanasi Project Area is still pending with Secretary, Cuttack Development Authority and finding that this is a pending case, this Court directs the Secretary, Cuttack Development Authority to look into the request of the Petitioner and take a lawful decision in the matter, if necessary, involving the parties likely to be affect involving the very same property.

3.

The entire exercise shall be completed within a period of two months from the date of communication of a certified copy of this order along with a copy of the writ petition by the Petitioner. 4.

The writ petition stands disposed of with the above order. (Biswanath Rath) Judge Ayaskanta Jena