The main legal point established in the judgment is that the refusal of permission for transfer of the land to the petitioner was not proper and justified, especially when the petitioner had not committed any error, irregularity, or illegality or had colluded with Late E.B. Patra for violation of any terms of the lease.

JUDGMENT :

S.C. Parija, J. - This writ petition is directed against the order dated 28.1.2010 passed by the Special Secretary to Government, G.A. Department, (Annexure-5), refusing to grant permission for transfer of Plot No. 5/B, measuring 100' x 109' near Raj Bhawan, Unit-VIII, Bhubaneswar, in favour of petitioner and allowing transfer of the same in favour of opposite party no. 4.

2. The brief facts of the case is that Plot No. 5/B, measuring 100' x 109' near Raj Bhawan, Unit-VIII, Bhubaneswar, was originally leased out in favour of one Major Balakrishna Sharma by the erstwhile Political & Services Department, Government of Orissa, in the year 1967. Major Sharma transferred the aforesaid plot of land in favour of Late Epari Bhaskar Patra (father of present opposite parties 2 and 3) on 17.7.1975, after obtaining due permission from the State Government. On 17.7.1979 Late E.B. Patra applied to the State Government for granting him necessary permission to transfer the said plot of land in favour of present petitioner and an agreement for sale was executed between the petitioner and Late E.B. Patra at Bhubaneswar, wherein price of the property was fixed at Rs. 1,30,000/- and as per the terms and conditions of the agreement, Late E.B. Patra received Rs. 11,000/- as advance and balance consideration amount of Rs. 1,19,000/- was to be paid at the time of registration. As Late E.B. Patra did not comply with the terms and conditions of the agreement for sale, the petitioner filed O.S. No. 76 of 1980-I before the Sub-Judge, Bhubaneswar, for specific performance of contract. The said suit filed by the petitioner was decreed in part, holding that the petitioner is entitled to damages in lieu of specific performance. This judgment and decree of the Sub-Judge, Bhubaneswar, passed in O.S. No. 76 of 1980-I was challenged by the petitioner before this Court in F.A. No. 348 of 1984, which was disposed of by this Court by order dated 30.8.1994, by passing the following decree:

The appeal is allowed with cost. The judgment of the trial Court rejecting the prayer for specific performance of contract of sale is set aside and the plaintiff's suit for specific performance of contract of sale is decreed. The defendant will submit application to the appropriate functionary of the State Government seeking permission for sale of the suit property to the plaintiff within two months and on obtaining such permission shall execute the sale deed within a month of receipt of permission. The decretal dues of the Life Insurance Corporation against the defendant shall be paid out of the sum of Rs. 1,34,502.32 which is stated to have been deposited by the plaintiff in the trial Court. If any further sum is required for clearing the decreetal dues, the plaintiff will deposit the same. If the defendant fails to apply or to execute the sale deed, the learned sub-ordinate Judge will take necessary steps in the matter if the State Government refuses to accord permission for the sale, the plaintiff will be entitled to receive damages of Rs. 22,000/- as stipulated in the agreement with interest at the rate of 9 per cent per annum from the date of institution of the suit.

3. In the meantime on 10.01.1991, Late E.B. Patra (father of present opposite parties 2 and 3) entered into an agreement for sale in respect of the self-same plot of land with M/s Indian Charge Chrome Ltd.-opposite party no. 4 for a consideration amount of Rs. 15.00 lakhs. On payment of Rs. 14.00 lakhs as advance, the said opposite party no. 4 took over possession of the land in question. Thereafter, basing on a irrevocable Power-of-Attorney granted by Late E.B. Patra, the opposite party no. 4 constructed a building over the said land for housing of its executives. Subsequently, opposite party no. 4 filed Title Suit No. 341 of 1993 before the Sub-Judge, Bhubaneswar, for specific performance of contract against Late E.B. Patra and the State Government, wherein the present petitioner was impleaded as a part