Major Suchismita Mohanty vs State Of Odisha & Others

C.R. Dash, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

Heard Mr. Bibekananda Bhuyan, learned counsel for the petitioner and Mr. Dayananda Mohapatra, learned counsel for the Bhubaneswar Development Authority.

The petitioner is stated to have allotted with a Plot No.K-7/134 under Kalinganagar Plotted Development Scheme on the basis of lottery. Her married sister was also allotted with a plot through the same process of lottery.

Notice was issued to the petitioner for cancellation of the plot on the ground of double allotment to two persons from the same family.

The petitioner filed her show-cause vide Annexure-3. Thereafter, notice was issued to the petitioner on 26.03.2018 vide Annexure-4, asking her to be present on 03.05.2018 at 11 AM in the office chamber of the Officer on Special Duty, Task Force-III, BDA, Bhubaneswar. Though the petitioner was present on the appointed date, but no case was taken up and the matter is pending till date.

Regard being had to the facts and submissions and the allegations made, the writ petition is disposed of, directing the appropriate authority of the B.D.A. to dispose of TFCRCOSD-IID-251/18 (which appears to be the case number in the Notice vide Annexure-4), in accordance with law, after giving opportunity of hearing to the petitioner, by passing a reasoned order, within a period of four months from the date of receipt of a certified copy of this Order.

Till disposal of the aforesaid case, for which notice vide Annexure-4 has been issued to the petitioner, no coercive action shall be taken against the petitioner.

The petitioner is directed to supply a copy of the writ petition containing all the annexures along with a certified copy of this Order to the appropriate authority of B.D.A. for convenience & reference to Annexure-4.

The writ petition is accordingly disposed of.

Urgent certified copy of this Order be granted as per rules.