Tankol Gram Panchayat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22364 of 2021 Tankol Gram Panchayat ....

Petitioner Mr. A. Tripathy, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Debakanta Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. SAHOO Order No.

ORDER

28.01.2022 01.

1. This matter is taken up by video conferencing mode.

2. Learned counsel for the Petitioner states that the present writ petition concerns the auction notices for three leases for stone quarries over three different plots of land. According to the Petitioner, only one of them has been granted in favour of Opposite Party No.6 by way of the order dated 27th July, 2020 (Annexure-6).

3. Earlier Writ Petition (Civil) No.18427 of 2020 filed by the Petitioner was disposed of as withdrawn by this Court by the order dated 15th April, 2021 to enable the Petitioner to implead the successful bidder. The Petitioner appears to have waited for almost four months for filing another writ petition. Thereafter, the Petitioner did not bother to have it mentioned for listing. Today, the petition has listed in its own turn by the Registry. In this entire process, therefore, the lease has been in operation since 27th July,

2020 i.e. for one and half years almost. With the Petitioner not showing any urgency in the matter, the Court is not inclined to entertain the present petition since more than one and half years of the lease has already elapsed. To interfere with the lease at this stage will only cause inconvenience.

4. As far as other two auction notices are concerned, since even according to the Petitioner they have not been awarded yet to anyone, there is no cause of action as such. As and when there is any award of such lease to any person, it will be open to the Petitioner to file a separate petition in that regard.

5. The writ petition is accordingly disposed of.

6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. No.514 and 515 dated 7th January, 2022.

(Dr. S. Muralidhar) Chief Justice (M. S. Sahoo) Judge M. Panda