The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Feb-2024 11:20:36 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.14407 and 14408 of 2015 W.P.(C) No.14407 of 2023 Nrutya Gopal Das …. Mr.B.Routray, Sr.Advocate Petitioner -versus- State of Odisha & Ors. ….
Legal Reasoning
Opp.Parties Mr.D.P.Mohanty, Advocate for O.P.2 Mr.A.K.Nath, Advocate for O.P.3 Mr.D.K.Jena, Advocate for O.P.4 Mr.S.P.Panda, AGA W.P.(C) No.14408 of 2015 Ananta Gopal Das Petitioner Mr.B.Routray, Sr.Advocate …. -versus- State of Odisha & Ors. Opp.Parties …. Mr.D.P.Mohanty, Advocate for O.P.2 Mr.A.K.Nath, Advocate for O.P.3 Mr.D.K.Jena, Advocate for O.P.4 Mr.S.P.Panda, AGA CORAM: JUSTICE B. P. ROUTRAY
Decision
ORDER 19.01.2024 Order No. 11. 1. 2. The matter is taken up through Hybrid mode. Heard Mr.Routray, learned Senior Counsel for the Petitioner, Mr.Mohanty, learned counsel for the Opposite Party No.2, Mr.Nath, learned counsel for Opposite Party No.3, Mr.Jena, learned counsel for the Opposite Party No.4 and Mr.Panda, learned AGA for the State. Page 1 of 5 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Feb-2024 11:20:36 3. The Petitioners are the provisional allottees of plots from the Special Planning Authority, Keonjhar (SPA). Their grievance is that though the SPA has received the amount since long the land has not been finally allotted in their favour. 4. It is submitted by the SPA that the land in question originally belong to the deity– Shri Baladev Jew Bije, Keonjhargarh and by virtue of the permission granted by the Endowment Commissioner dated 24th September, 1987 in O.A. No. 9 of 1986, permission was accorded in favour of the SPA to purchase the land from the deity. However, the Executive Officer, who is the Sub-Collector, did not execute the sale deed in favour of the SPA despite repeated request resulting halting of final allotment in favour of the allottees. It is further submitted by Mr.Mohanty, learned counsel for the SPA (Opposite Party No.2) that the Endowment Commissioner has also instructed the Executive Officer-cum-Sub-Collector to take suitable steps for transfer of the lands in question to the SPA. Mr.Nath, learned counsel for the Endowment Commissioner supports the same as it is evident from Annexure-E/2. 5. The Sub-Collector-cum-Executive Officer (Opposite Party No.4) has filed its affidavit stating that, presently the SPA does not have any scheme for housing and it is intending to get return of the money deposited. The said reply of the Sub- Collector appears to be vague and unconnected to the issue. Mr. Jena, learned counsel for the Sub-Collector-cum-Executive Officer (Opposite Party No.4) submits that since the identification of the land corresponding to specific plots are not specified the SPA cannot now seek execution of the sale deed in their favour. Page 2 of 5 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Feb-2024 11:20:36 6. It is seen that earlier the SPA had filed the writ petition bearing OJC No.10335 of 1998 praying for transfer of the property in their favour. It is relevant to reproduce the direction issued by this Court in the said writ petition, which is as follows:- (i) (ii) “.. .. The dispute is relating to transfer of debottar property of Keonjhar Debottar belonging to the Sri Baladev Jew, Bije at Keonjhargarh. The Following factual aspects are not in controversy amongst the parties. A patch of land of 19.91 acres owned and possessed by the deity was applied for sale u/s 19 of the OHRE Act before the Commissioner of Endowments. The Sub-Collector as the Executive Officer of the Keonjhar Debottar filed that application being registered as O.A. No.9 of 1986(II); On 24.9.1987 learned Commissioner of Endowments granted permission for sale of Ac.2.00 of land out of Plot No.250 under Khata No.67 @ Rs.2,50,000/- per acre to State Bank of India an area of Ac.7.021 dec. of land out of plot nos. 248, 250 and 251 part to the writ petitioner @ Rs.2 lakhs per acre. Learned Commissioner made it clear that aforesaid valuation was to remain in force for a period of six months after expiry of the period of appeal and revision. On 20.10.1987 petitioner deposited a sum of Rs.7 lakhs towards the part of the price of the lands proposed to be purchased by it and on 1.9.1988 it deposited a further sum of Rs.3 lakhs. Because the petitioner did not deposit the entire consideration money for Ac.7.021, no sale deed was executed in its favour. But on the claim of the petitioner, the Executive Officer again filed application u/s. 19 which was registered as O.A. No.187 of 1992. The learned Commissioner of Endowment on 31.7.1995 disposed of that O.A. learned Commissioner fixed the valuation of Plot No.125 at Rs.10 lakhs per acre and the other parts at Rs.8 lakhs per acre. When the Executive Officer demanded higher consideration amount on the basis of the determination of the valuation in the above quoted rate, the petitioner filed appeal to the Government and when that was dismissed by the Minister of Law in Endowment Appeal No.5 of 1995 on 11.6.1998, he has approached this Court. Contention of the appellant about his ignorance of the earlier order of the Commissioner u/s. 19 and for acceptance of the price at the earliest decided rate or by increasing it nominally was considered and rejected by the appellate authority. At the same time criticism for higher valuation fixed by the Commissioner of Endowments was also not appreciated and rejected by the appellate authority. Keeping in view the nature of dispute and provision of law in Sec.19 besides the validity period of the valuation as Page 3 of 5 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Feb-2024 11:20:36 noted in each of the orders and above all the amount deposited by the petitioner within the permissible period we feel that one the opposite party i.e. the Executive Officer of the Debottar has accepted deposit of Rs.7 lakhs on 23.12.1987, i.e. within the stipulated period of six months from the date of the order of the Commissioner of Endowments, settlement of 3.5 acres of land in favour of the petitioner excluding the plot no.125 is most fair and equitable relief to which the petitioner is entitled to. So far as the remaining area which the petitioner intends to purchase, the the valuation Commissioner of Endowments may do well to conduct a further enquiry and refix the valuation within a period of one month from the date of receipt of a copy of this order and if the petitioner deposits the amount in accordance with that valuation, subject to change or modification/revision by the appellate authority then the remaining area proposed to be purchased by the petitioner be settled by execution/registration of proper document. the past having already expired, the Executive Officer favour fixed by its in in With such finding and directions, we dispose of this writ petition. Admittedly, the petitioner has deposited a sum of Rs.3 lakhs on 1.9.1988 beyond the period of six months from the stipulated date. That amount must have been deposited by the Executive Officer. Therefore, the interest accrued thereon together with the principal may either be adjusted towards the consideration money which is to be paid by the petitioner in the event he intends to purchase the remaining area or else on filing of application such amount be refunded to it. 7. As seen from the order granting permission by the Endowment Commissioner and the earlier order of this Court stated above, it is clearly seen that the amount of Rs.7,00,000/- has been deposited by the SPA and duly accepted by the Executive Officer for the deity. It is further clear that settlement of 3.5 Acres of land in favour of the Petitioner excluding Plot No.250 has been allowed in favour of the SPA. Therefore, as per the land schedule furnished in the permission order of the Endowment Commissioner, such lands are to be transferred in favour of the SPA by the Executive Officer-cum-Sub-Collector. It is needless to mention here that the Petitioners who are the provisional allottees are suffering a lot since more than 20 years Page 4 of 5 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Feb-2024 11:20:36 and they have already deposited the amount before the SPA. When the permission has been granted in favour of the SPA and the earlier direction of this Court is clear for transfer in favour of the SPA, no reason is seen to refuse the Petitioner from the relief prayed for. 8. Accordingly, Opposite Party No.4 i.e. the Sub- Collector-cum-Executive Officer, Keonjhar is directed to take all necessary steps for transfer of land measuring Ac.03.50 decimals in favour of Opposite Party No.2 by executing necessary instruments/deeds, within a period of four months from today. 9. It goes without saying that consequent upon execution of the documents, the SPA shall do well to finally allot the land in favour of the Petitioners. 10. Accordingly, both the writ petitions are disposed of. Judge (B.P. Routray) S.Das Page 5 of 5