JUDGMENT :

D.P. CHOUDHURY, J.

1. Challenge has been made to the illegal and arbitrary order of cancellation of allotment made in favour of the petitioner.

FACTS

2. The factual matrix leading to this writ petition is that the petitioner is the proprietor of M/s. Pooja Fabrication at Plot No.B/30/2, Industrial Estate, Chandaka, Bhubaneswar. On the application of the petitioner he was allotted the said Plot No.B/30/2 in Chandaka Industrial Estate vide Allotment Letter No.16854 dated 29.10.2003. The said Plot has got an area of Ac.0.073 decimals. The petitioner has been allotted that plot for installing Fabrication Unit and he installed the Fabrication Unit. On 17.8.2006, a show cause notice was issued to the petitioner to cancel the allotment on the ground that no Industrial activities was going on in the allotted plot and the plot was used for residential purpose. The petitioner gave detailed show cause denying the allegation levelled against him. But the opposite parties again issued notice on 10.9.2008 wherein there is already cancellation of the allotment of the plot in question on the ground that the petitioner has encroached the IDCO land adjoining the allotted plot in question and