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Judgment
Biswajit Mohanty, J
This matter is taken up by video conferencing mode. Heard Mr. D. Patnaik, learned counsel for the petitioner and Mr. Manas Ranjan Pradhan,
learned Advocate on behalf of Mr. Dayananda Mohapatra, learned counsel representing the Cuttack Development Authority.
According to Mr. Patnaik, the petitioner is aggrieved by refusal of the authority in not issuing a third party transfer application Form in respect of Plot
No.13-1C/215 in Sector-13 of C.D.A., Bidanasi Project Area on the ground that he has not yet made any construction over the plot. In this context, he
submits that liberty may be granted to the petitioner to approach the authority afresh in the background of the order dated 16.12.2019 passed by this
Court in W.P.(C) No.12473 of 2019, wherein it has been laid down that while considering a case of transfer of Plot in Sector-13, the authorities should
not insist upon a condition that the allottee should have built a house over the said plot while applying for sale of the property.
Considering the submissions made and without expressing any opinion either way, this Court grants liberty to the petitioner to file a representation
before the Secretary, Cuttack Development Authority, Cuttack (opposite party no.3) within a period of two weeks and in the event such a motion is
made before opposite party no.3, he/she is directed to take a decision on the same in accordance with law and communicate the result of such
exercise to the petitioner.
With the aforesaid observation and direction, the writ petition stands disposed of.
Parties may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copy in the manner
prescribed vide Court’s Notice No.4587 dated 25.03.2020 read with Notice No.4798 dated 15.04.2021 issued by the Registrar General of this
Court.