State of Odisha & Ors. v. Miss Gayatri Patra, ASC
Judgment
Mr. Haripada Mohanty, Adv. State of Odisha & Ors. versus- …. Opposite Party(s) Miss Gayatri Patra, ASC Mr. Dayananda Mohapatra, Sr. Adv. along with associates Mr. Gyana Ranjan Mahapatra, Adv. Mr. Rajt Kumar Panda, Adv. for the E.D. CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 03. ORDER 14.07.2026
#1. This matter is taken up through hybrid arrangement.
#2. In filing the present Writ Petition, the Petitioners have prayed for quashing the impugned letter vide Memo No.5980/CDA dated 24.07.2024 vide Annexure-1. Apart from the above, the Petitioners in order to get housing loan, have also sought for a direction from this Court to the Cuttack Development Authority/ Opposite Party No.2 for granting necessary NOC in their favour for the said purpose.
#3. Heard.
#4. Learned counsel for the Petitioners submits that in the earlier occasion necessary NOC was granted in favour of the Petitioners in order to avail a housing loan. He further contends that after issuance of the said NOC in favour of the Petitioners, the Cuttack Development Authority on getting information regarding investigation conducted by the Directorate of Enforcement pertaining to the property over which the Petitioners intend to construct a building, cancelled the said NOC vide Memo No.5980 dated 24.07.2024.
#5. At this juncture, pursuant to the earlier order of this Court, learned counsel the Directorate of Enforcement, on instruction, submits that the property over which the Petitioners intend to construct a building and in respect of which the NOC was granted, has not been attached by the Directorate of Enforcement, nor is there any bar for selling and purchasing of the said land. An affidavit to that effect filed by the Directorate of Enforcement in Court today be kept on record.
#6. Considering the submissions made on behalf of both the parties and looking to the contents of the affidavit at the instance of the Directorate of Enforcement, this Court sets aside the order of cancellation of the NOC i.e. Memo No.5980/CDA dated 24.07.2024. This Court, in the process, also directs the Cuttack Development Authority to issue a fresh N.O.C in favour of the Petitioners as per law within a period of one month from the date of presentation of an authenticated copy of this order.
#7. This Writ Petition is, accordingly, disposed of. Ayaskanta Judge (Dr. Sanjeeb K Panigrahi)
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