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1970 Supreme(Ori) 74

G.K.MISRA, R.N.MISRA
Ajodhya Prasad Shaw – Appellant
Versus
State of Orissa – Respondent


Advocates:
In O. J. C. No. 329 of 1970 :B. M. Patnaik, S. C. Roy, M.R. Panda, K. N. Jena and S. B. Choudhury, for Petitioner; Advocate General, R. Mohanty, R. K. Kar and N. Patra, for Opposite Parties. In O. J. C. No. 357 of 1970:R. Mohanty, R. K. Kar and N. Patra, for Petitioner; B. M. Patnaik, S. C. Roy, M. R. Panda and J. Jena, for Opposite Parties.

Judgement

R. N. MISRA, J. :- These two applications under Articles 226 and 227 of the Constitution which involve common questions of fact and law. Parties are also common. In O. J. C. No. 329 of 1970 the petitioner is one Ajodhya Prasad Shaw who is opposite party No. 5 in O. J. C. No. 357 of 1970. The petitioner in 357 of 1970 on his own application has come to intervene in O. J. C. No. 329 of 1970. The other four opposite parties of the first case are also the first four opposite parties in the second case. In such background we propose to dispose of both the writ applications by one common judgment.

2. Ajodhya Prasad Shaw, the petitioner in O. J. C. No. 329 of 1970, filed the writ application on 6-4-70. According to him the Collector of Mayurbhanj issued a sale notice on 3-2-70 for the year 1970-71 in Form G. L. 10. The said notice contained, amongst others, 70 outstill shops to be auctioned, and the date of auction was 20-2-70 at Baripada in the district of Mayurbhanj. Sale was held on the appointed day by the Collector of Mayurbhanj (opposite party No. 3). The petitioner turned out to be the highest bidder for a group of 7 shops auctioned in one lot, for Rs. 34,000/- per month. T























































































































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