The court affirmed that allegations of misrepresentation in housing allotments justify trial, emphasizing the need for public entities to act without arbitrariness and maintaining the standards set for quashing criminal proceedings.

Judgment :

Chittaranjan Dash, J.

1. By means of this revision application, the Petitioner has called into question the legality, propriety and correctness of the order dated 19.03.2025 passed by the learned Special C.J.M. (VIG.), Bhubaneswar in VGR No.46 of 2016, arising out of Vigilance Cell, Cuttack Case No.44 of 2016.

2. The background facts of the case are that the Petitioner is a retired employee of UCO Bank. On 10.07.1991, he applied for a Middle-Income Group (MIG) plot under the Kalinga Nagar Plotted Development Scheme, 1991, floated by the Bhubaneswar Development Authority (BDA), situated within Subudhipur Gram Panchayat, Bhubaneswar. Pursuant to the application and upon payment of the required fees, the Petitioner was provisionally allotted a general MIG plot bearing Registration No. KNM- 0125/93. Subsequently, vide letter No. 13566/AL/BDA, Bhubaneswar dated 10.11.1997, final allotment was made and physical possession was handed over to the Petitioner. While the Petitioner remained in possession of the said plot, BDA, in collaboration with Keshari Estate Pvt. Ltd., launched a separate housing project under the Lingaraj Vihar Housing Scheme, Phase-II at Mouza Pokhariput. The Petitioner applied for an MIG-II house under this Scheme and deposited all requisite amounts in terms of the terms and conditions of allotment. Vide letter dated 21.04.2001, the Petitioner was informed that one MIG-II category house was allotted in his favour, subject to deposit of the balance sum within three months. Accordingly, the Petitioner availed a bank loan and duly deposited the amount. In due course, public lottery was conducted by BDA on 21.12.2001 for allotment of HIG-II/MIG- I/MIG-II and LIG category houses under the Lingaraj Vihar Housing Scheme, Phase-II at Mouza Pokhariput. The Petitioner emerged successful and House No. C-134 under the MIG-II category was allotted to him. The Petitioner, vide letter dated 31.01.2002, was intimated of this allotment and was subsequently called upon to take physical possession of the same, which was handed over upon deposit of Rs.5,000/- towards electricity charges.

More than two decades later, the General Administration Department, Government of Odisha, vide order No. SER-IAS- 0010-2014(H)-21545-AIS-I dated 02.08.2014, constituted a Task Force to scrutinise multiple allotments of plots/houses/flats and to initiate appropriate action against allottees for furnishing false affidavits or suppressing material facts. On the basis of the said directive, Vigilance Cell, Cuttack, registered Vigilance Cell Case No. 44 of 2016 against the Petitioner and other officials of the BDA under various provisions of the IPC read with Sections 13 (2) and 13(1)(d) of the Prevention of Corruption Act, 1988. Upon completion of investigation, charge sheet No. 23 dated 14.11.2023 was submitted before the learned Special C.J.M. (Vigilance), Bhubaneswar, and cognizance was taken in VGR No. 46 of 2016. Being aggrieved by the continuance of these proceedings, the Petitioner initially moved this Court in W.P.(C) No.3505 of 2018, which stood dismissed for default, and a restoration application in CMAPL No. 356 of 2021 remains pending. Meanwhile, pursuant to the Task Force’s enquiry report dated 23.11.2021, the BDA, by order dated 25.11.2021/26.11.2021, cancelled the allotment of House No. C-134 at Lingaraj Vihar Housing Scheme, Phase-II, Mouza Pokhariput, where the Petitioner and his family had been residing for more than twenty years. This cancellation was challenged before this Court in W.P.(C) No. 12117 of 2022, where an order of status quo has been granted and the matter is sub-judice.

Meanwhile, on account of repeated summoning and threats of arrest by the Vigilance Department, the Petitioner m