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2013 Supreme(Ori) 432

I.MAHANTY, B.N.MAHAPATRA
SRI SATYAJIT MOHANTY – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
S.P. Misra, Niranjan Panda-1, S.K. Acharya, M.K. Panda and S. Majumdar, for the Appellant; Sanjib Swain, S.C. Panda and B.R. Rath for Opp. Party 2, for the Respondent

JUDGMENT :

B.N. Mahapatra, J. - This Writ Petition has been filed with a prayer to issue writ of mandamus directing opposite parties to release the order of allotment of a plot in Prachi Enclave, Chandrasekharpur, Bhubaneswar at the approved cost as per the Scheme (Annexure-1) within a specific time. The further prayer of the petitioner is to direct opposite parties to calculate the cost of the plot as decided by the Bhubaneswar Development Authority (for short, 'BDA') vide order dated 27.11.2007 of the Hon'ble Minister-cum-Chairman, BDA under Annexure-10 read with the policy decision taken in the proceeding dated 20.10.2008 under Annexure-13 to the Writ Petition. Petitioner's case in a nutshell is that in 2002, opposite party No. 2-BDA introduced a new plotted development Scheme at Prachi Enclave, Chandrasekharpur, Bhubaneswar for allotment of 225 plots. In 2003 due to terrestrial change in the field, 9 extra plots were carved out. On 31.12.2003, petitioner made an application to opposite party No. 2 for allotment of a plot of land in his favour out of discretionary quota of the Chairman on payment. On 29.01.2004, Hon'ble Minister, Urban Development-cum-Chairman, BDA (for short, 't




























































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