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2020 Supreme(Ori) 80

B.R.SARANGI
Bimalendu Pradhan – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. Mohit Agarwal, Advocates. for the Appellant; Mr. P.K. Muduli, Addl. Government Advocate for the Respondent
Cases Referred
Akalu Ahir vs. Ramdeo Ram, AIR 1973 SC 2145
Bolin Chetia vs. Jagdish Bhuyan, (2005) 6 SCC 81
James Joseph vs. State of Kerala, (2010) 9 SCC 642
Kamla Devi vs. Kushal Kanwar, (2006) 13 SCC 295
Nagendra Nath Dey vs. Suresh Chandra Dey, AIR 1932 PC 165
State of Gujarat vs. Salimbhai Abdulgaffar Shaikh, (2003) 8 SCC 50
Tirupati Balaji Developers (P) Ltd. vs. State of Bihar, (2004) 5 SCC 1
V.C. Shukla vs. State Through C.B.I., AIR 1980 SC 962

JUDGMENT

B.R. Sarangi, J. - Bimalendu Pradhan, complainant before Real Estate Regulatory Authority, Bhubaneswar, has filed W.P.(C) No. 8158 of 2019 seeking following relief:-

    "1. Direct the Opposite Party No. 2- Odisha Sales Tax Tribunal to discharge its statutory functions under the Real Estate (Regulation and Development) Act, 2016 till the effective functioning of Odisha Real Estate Appellate Tribunal as per Section 45 of Real Estate (Regulation and Development Act, 2016.

    2. Direct the Opp. Party No. 1 to establish the office of the Odisha Real Estate Appellate Tribunal, and appoint its Judicial and Administrative Members within a period of one month."

W.P.(C) No. 11863 of 2019 has been filed by a private limited company, which is a builder and promoter of real estate, seeking following relief:-

    "It is therefore, prayed that this Hon'ble Court be pleased to admit the writ petition, issue notice to the Opp. Parties and after hearing the parties further be pleased to stay the Execution case No. 20/2019 pending before the Real Estate Regulatory Authority till admission of the appeal bearing No. 1 of 2019 pending before the Real Estate Appellate Tribunal Cuttack and for which act of

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