The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 109 of 2018 Berhampur Development Authority … Appellant Mr. Bhawani S. Panigrahi, Advocate -versus- Dr. B. Pravatisan Subudhi and Others … Respondents Mr. S. Senapati, Advocate CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN Order No.
Decision
ORDER 13.11.2023 04. 1. Heard Mr. B.S. Panigrahi, learned counsel for the appellants and Mr. S. Senapati, learned counsel appearing for Respondent Nos.1, 3, 5 and 6. 2. The appellants, who are authorities of Berhampur Development Authority (BeDA), have filed this writ appeal to quash the order of the learned Single Judge dated 18.10.2017 in OJC No.859/1997 by which the learned Single Judge passed an order by directing the present appellants to submit a calculation sheet of the amount with interest till date to each of the opposite parties (respondents herein) vide allotment of respective plots in question within a period of two months and the Opposite party (appellants herein) will deposit the calculated amount within four weeks from the date of receipt of communication of the calculated amount to the petitioners Page 1 of 5 (respondents) and after deposit of the amount by the respondents, the appellant No.1 would recall the order of cancellation and reallot the same to the petitioners (respondents) and hand over the possession thereof. 3. Mr. B.S. Panigrahi, learned counsel appearing for the appellants vehemently contended that even if the allotment has been made in favour of the respondents, they are not complying with the terms and conditions, therefore, the cancellation order has been passed. The respondents have been paid the so-called amount of Rs.10,000/- for acceptance of the offer made by the appellants. Consequentially, the order of cancellation passed is well justified. Learned Single Judge has committed gross error by directing to accept the principal amount along with the interest till date and allot the land in favour of the respondents cannot be sustained in the eye of law. 4. Mr. S. Senapati, learned counsel appearing for the respondents contended that pursuant to the advertisement, they made applications and they had been selected and called upon to deposit the amount but due to certain difficulties the same were not paid. Therefore, immediately after the cancellation, the same was challenged before this Court by filing a writ petition and after due adjudication this Court has come to the conclusion that whatever loss has been caused to the respondents, the same should be compensated by paying interest and calculation sheet be provided Page 2 of 5 to the respondents. On receipt of the same, within one month the entire amount has to be deposited but till date no such calculation sheet has been received rather the order passed by the learned Single Judge is the subject matter of challenge in the present appeal. Thereby, there is no error apparent on the face of the order passed by the learned Single Judge. Consequentially, the same should not be entertained and the writ appeal should be dismissed. 5. Having heard learned counsel for the parties and perused the records, it appears that the BeDA issued an advertisement and pursuant to which the respondents had applied for allotment of the plots and accordingly, their applications were considered and they had been allotted with the plot each of MIG-II category under Ambapua sites and service scheme, stage 1 at Berhampur on 07.06.1996 and on 08.07.1996 the present appellant No.1 intimated the respondents that they have been allotted with MIG-II plots under the scheme and requested to deposit the first installment within the time limit. As the respondents were not ready with the deposit amount, they requested for further time to deposit the same. The appellant No.1 intimated them on 16.11.1996 to deposit the outstanding amount by each of the respondents by 30.11.1996, failing which the allotment would be cancelled. The respondents further requested for grant of further time but the appellants cancelled the allotment. Therefore, the respondents approached this Court by filing OJC No.859 of 1997 and vide order dated 18.10.2017 this Court taking into account paras 13 and 14 of the Page 3 of 5 counter affidavit filed in the aforementioned writ petition by the present appellants have come to a conclusion to the following effect: “6. In view of the above contentions in the counter affidavit, when the opp.party no.1 is ready to reconsider the request of the petitioners to recall the the cancellation of allotment provided petitioners make payment of all installments along with the interest up-to-date as on date and the petitioners are ready to comply the same, the writ application is disposed of with the following directions:- The opp.Party No.1 1) submit a calculation sheet of the amount with interest till date to each of the petitioners vide allotment of respective plots in question within a period of two months from today. shall 2) The petitioners would deposit the calculated amount within four weeks from the date of receipt of communication of the calculated amount to the petitioners; and the amount by After deposit of 3) the petitioners, opp.Party No.1 would recall the order of cancellation and re-allot the same to the petitioners and hand over the possession thereof after observing the formalities within a period of two months from the date of compliance of the above direction no.(2). 6. In view of such position, this Court does not find any error apparent on the face of the record so as to cause interference of this Page 4 of 5 Court at this stage. Consequentially, the writ appeal stands dismissed. 7. Let the appellants furnish the detailed calculation sheet to the respondents within a period of one month from today. On receipt of the same, the respondents shall deposit the amount within a period of one month thereafter. If the amount is not deposited within the time specified by the appellants, it is open to them to take necessary action in accordance with law. ACTING CHIEF JUSTICE (DR. B.R. SARANGI) JUDGE (M.S. RAMAN) Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 16-Nov-2023 10:47:55 Page 5 of 5