The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31398 OF 2021 Regional Cooperative Marketing Society, BBSR …. Petitioner(s) Mr.A.K.Mishra,Adv. -versus- State of Odisha and others …. Opposite Party(s)
Legal Reasoning
Mr.U.K.Sahoo,ASC Mr.D.Mohapatra,Adv. Mr.N.Panda1,Adv. CORAM: JUSTICE BISWANATH RATH Order No. 10. 1. 2.
Decision
ORDER 22.03.2023 Heard learned counsel for the Parties. This Writ Petition involves the following prayer:- <It is therefore prayed that your Lordships would be graciously pleased to admit the Writ application and issue an appropriate writ by directing the Opp. Party Nos. 1 to 4 and 7 to show cause why the land in question has not yet been leased out on permanent basis or recorded in the name of Petitioner’s Society by way of permanent sale deed in favour of the Petitioner’s Society. And after hearing the parties would be pleased to directe the Opp. Parties will take time bound period to lease out the land in favour of the Petitioner and further be pleased to direct Opp. Party Nos. 1 to 3 register the land as per G.A. Department Notifications from time to time, the land in favour of the Petitioner’s Society; And any other order/orders may be passed as it deem fit and proper in the facts and circumstances of this case; And for this act of kindness, the Petitioner as in duty bound, shall ever pray.= Page 1 of 4 // 2 // 3. Even though this Court finds, there is innocuous prayers involved herein however in filing the counter affidavit the contesting Opp. Party No. 2 has brought to the notice of the status report on proposed allotment of land in favour of the Regional Cooperative Marketing Society (RCMS), Bhubaneswar-Petitioner herein. This status report reveals as follows:- The Regional Bhubaneswar the President of The Sub-divisional Officer, Bhubaneswar (Sub- the Cooperative Marketing Society Ltd. (RCMS Ltd.) was registered in the year 1979 bearing Registration No. 94 PU/dated 24.09.79. Collector, Bhubaneswar) was Committee of Management of the RCMS Ltd. The Sub-divisional Officer requested the Director, Estate, G.A. Department, Odisha in letter dated 881 dated 01.10.1982 for allotment of land in favour of the RCMS, Bhubaneswar for construction of Godown, office room, Dal Mill and Oil Mill etc. stating therein that the Bhubaneswar RCMS Ltd. have already applied 2 acres of land and as per the instruction of Director, the Land Officer already selected a site by the side of Drug Institute, Odisha, Bhubaneswar. An area of 1.80 acres bearing Plot No. 4706, Khata No. 1076 under Mouza-Gadakana is in possession of the RCMS Ltd. and under the World Bank project, godowns has been constructed over the said land. Complex and its office is also functioning in the said plot. The Registrar of Cooperative Societies, Odisha in letter No. 19886 dated 14.08.1989 requested the Director of Estate for allotment of land in favour of Bhubaneswar RCMS Ltd. inter-alia stating therein that in high level meeting headed by the Minister of Agriculture and Cooperation, it was agreed to give 2 acres of land to Bhubaneswar RCMS Ltd. near Gift Press, Nandanakanan Road and as per verbal instruction of the Director, Estates, the RCMS Ltd has already constructed its office building, godown on World Bank assistance over the said land. Hence, as the World Bank loan has been utilized for construction of the godowns, the land may be allotted in favour of the Bhubaneswar RCMS to avoid future problem. the Registrar of Cooperative Societies, Odisha in its letter No. 151 dated 03.01.2002 moved the Director of Estate-cum-Joint Secretary to Government, G.A. Department for allotment of Plot No. The RCMS Ltd. has also developed Shopping The Office of Page 2 of 4 // 3 // also The RCS, Odisha 4706 of Mouza-Gadakana measuring an area of A.1.80 acres in favour of RCMS Ltd., Bhubaneswar. letter No. in 1417/dtd.04.02.2004 moved the G.A. Deptt. for allotment of the land. The Government in Cooperation Department in letter No. 4378 dated 22.03.2004 have requested the General Administration Department for allotment on the aforesaid land in favour of the RCMS Ltd., Bhubaneswar. As it reveals from the letter No. 602 dated 24.02.2020 of the Revenue Inspector of Kalarahanga address to the Tahasildar, Bhubaneswar, the Bhubaneswar RCMS Ltd. is in possession of Plot No. 4706, Khata No. 1076 under Mouza-Gagakana since 1980 and also constructed godowns as per World Bank NCDC Storage Scheme. It is pertinent to mention here that the RCMS Ltd. as well as the office of the Registrar of Cooperative Societies, Odisha have issued repeated reminders to G.A. Department in the matter of allotment of land in favour of RCMS Ltd. more than 40 years and function over the said land. accumulated loss.= The RCMS Ltd. is running in profit and there is no The RCMS Ltd. is in possession of the land since 4. Perusal of the status report, there remains no doubt that there is not only allotment of this land in favour of the RCMS, but the RCMS is in use of such land at least for more than forty years and in this view of the matter, this Court finds, there should not have been any delay in finalizing land in favour of the Petitioner either by bringing out a notification in that regard or in the event of any necessity of entering into registered document in the transfer of the land in favour of the Petitioner by the G.A. Department involved herein. 5. In the aforesaid situation and considering there is substantial loss of time in the meantime, in disposal of the Writ Petition, this Court directs the G.A. Department to either bring out a notification in indicating the allotment of the disputed land in favour of the Petitioner or enter into an agreement with a registered deed finding parting away the land in favour of the Petitioner herein by working it Page 3 of 4 // 4 // out at least within a period of two months from the date of communication of this order by the Petitioner. In view of the clear recording, this Court hopes and trusts BMC shall not create any hindrance in the construction aspect undertaken by the Petitioner unless there is absolutely illegal construction. 6. With this observation, this Writ Petition stands disposed of. (Biswanath Rath) Judge U.Nayak Page 4 of 4