State of Odisha And Others vs Ajaya Kumar Das

Mrs. Pattanaik, learned advocate, Additional Government Advocate appears on behalf of applicant (State). She submits, prayer of her client is for review of our order dated 1st May, 2023 disposing of WP(C) no.5861 of 2020.

Disclosed in the application is letter dated 31st March, 2017 written by writ petitioner to General Administration (GA) Department. In a situation where State had not filed counter, this letter could not be disclosed as evidence that petitioner’s compliance was upon having written the letter dated 31st March, 2017.

Mr. Roy, learned advocate appears on behalf of writ petitioner and submits, this letter dated 31st March, 2017 was a reminder letter and not disclosed in the writ petition. He points out from said letter that his client’s letter dated 2nd February, 2010 was mentioned therein and that is the date of compliance, recorded by us in our said disposal order dated 1st May, 2023.

We reproduce below text of said letter dated 31st March, 2017 written by writ petitioner to the G.A. Department.

“I am to bring to your kind notice that I applied for conversion of my Lease Hold Plot No.555, Sahid Nagar, Bhubaneswar to Free Hold in the prescribed form which was received by your office on 26.02.2004. Subsequently in your letter No.3772 dt. 10.03.2008, I was asked to furnish the information regarding continuation / cessation of membership from capital cooperative Housing Ltd. Plot No.151, Bapuji Nagar and House Building Loan clearance certificate from Housing Development Finance Corporation Ltd., Bhubaneswar. The House Building loan clearance certificate furnished by HDFC, Bhubaneswar in their letter No. 470003061 dt. 16.06.2009 and continuance of membership in capital cooperative Housing Ltd. Plot No. 151, Bapuji Nagar, furnished in their letter No. 648 dt. 30.01.2010 (address to you) were sent to you in my letter Dt. 02.02.2010 (Copy enclosed for ready reference). But no further information has been received by me even after lapse of about four years.

I, therefore fervently request you to kindly look into the matter and intimate me further action to be taken in the matter as earlier as possible.”

(emphasis supplied)

It is clear to us that above letter was a reminder letter, in which writ petitioner had said no further information received by him even after lapse of four years. Furthermore, we notice reminder letters written subsequently by writ petitioner stood disclosed in the writ petition. One of such letters is dated 14th June, 2017 referred to in paragraph 4 in said disposal order dated 1st May, 2023.

The review application is without merit and it is dismissed.

..…………………………..