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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Pradeep Kumar Biswal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. timing and communication of allotment status. (Para 3 , 4) |
| 2. arguments against the timely response and cancellation. (Para 5 , 6 , 7) |
| 3. delay in seeking allotment information. (Para 8 , 9) |
| 4. expectation of timely inquiry on allotment. (Para 10 , 11) |
| 5. writ petition dismissed due to automatic cancellation. (Para 12 , 13) |
JUDGMENT :
K.R.MOHAPATRA, J.
1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks to assail the order/ letter No.CSP-760/1990/786/CA dated 8th January, 2020 (Annexure-5), whereby the prayer for allotment of government land/regularization of allotment made by the Petitioner was rejected by the General Administration and Public Grievance (GA and PG) Department, Government of Odisha.
3. Mr. Nayak, learned counsel for the Petitioner submits that pursuant to an advertisement, made an application in proper format for allotment of a government plot on 28th January, 1987 (Annexure-1). In the said application form (Annexure-1), Petitioner has stated his permanent address as ‘AT/PO: Rachhipur, PS: Jajpur Road, Dist: Cuttack’. His present address was given as ‘P.K.Biswal, OFS, Additional Commissioner- Commercial Tax Officer,
The automatic cancellation of government land allotment orders occurs when premium is not deposited within the stipulated time, irrespective of communication issues regarding the order.
Non-compliance with payment schedules in allotment agreements leads to automatic cancellation of rights to the property.
A review petition cannot be treated as an appeal; it is limited to specific grounds such as new evidence or apparent errors, and prior cancellation of registration extinguishes any claim to allotment....
The court affirmed the principle that a prior court order remains enforceable, mandating government compliance in land allotment cases despite subsequent policy changes.
The doctrine of legitimate expectation prohibits the State from denying rights based on uncommunicated procedural deficiencies, ensuring fairness and non-arbitrariness in administrative actions.
The court ruled that cancellation of land allotment must follow principles of natural justice, including providing notice and opportunity to be heard, emphasizing procedural fairness.
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