Orissa High Court
Snigdha Mohanty & Anr vs State Of Odisha & Ors. .... Opposite ... on 15 September, 2022
Author: Biswanath Rath
Bench: Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21059 of 2022
Snigdha Mohanty & Anr. .... Petitioner(s)
Mr. C.R. Pattnaik,
Advocate
-versus-
State of Odisha & Ors. .... Opposite Party(s)
Mr. U.K. Sahoo,
Addl. Standing Counsel for O.Ps.1 & 4
Mr. D. Mohapatra,
Advocate for O.Ps.2 & 3
CORAM:
JUSTICE BISWANATH RATH
ORDER
15.09.2022 Order No.
01. 1. Petitioners have prayed for the following relief:-
"Under such circumstance it is therefore prayed that your lordships would be graciously pleased to admit this writ application, call for records and after hearing the parties may be pleased to issue a writ/s order/s direction/s in the nature of certiorari quashing para-5 of the resolution dt- 30.1.2015 under Annexure-8.
And further may issue a writ of mandamus directing the opposite parties to issue NOC in favour of the petitioner No-2 for third party transfer of his plot no.-8-1F/146 of (F) category in Section -8 measuring 17x30 sq having total area 510 sq from the allottee within Bidanasi project area in favour of the petitioner No-1.
And further may pass any other order/s/direction/s/ as this Hon'ble court deems just and proper."
2. Learned counsel for the Petitioners sought for parity of the judgment of this Court in W.P.(C) No.5274 of 2022 to the case at hand.
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3. This Court finds, this is fit case to be remitted back to the Cuttack Development Authority for taking a final decision on the claim of the Petitioners.
4. Considering the submission made by the learned counsel for Petitioner, this Court directs the Secretary, Cuttack Development Authority to look into the grievance of the Petitioners and take a lawful decision on the claims of the Petitioners keeping in view the judgment of this Court in W.P.(C) No.5274 of 2022, within a period of fifteen days from the date of communication of a certified copy of this order along with a copy of the judgment in W.P.(C) No.5274 of 2022 by the Petitioner.
5. The Writ Petition stands disposed of with the above order.
(Biswanath Rath) Judge Ayaskanta Jena Page 2 of 2