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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Prashant @ Prasant Kumar Senapati – Appellant
Versus
State of Odisha (Vig.) – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2) |
| 2. arguments from both parties (Para 3 , 4) |
| 3. court's analytical observations (Para 5 , 6 , 7 , 8) |
| 4. no illegality found in the order (Para 9) |
| 5. conclusion of the court (Para 10) |
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
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 f....
The court clarified that prima facie evidence suggests adequate grounds exist to proceed with charges, and that the responsibility for plot allotments must be appropriately examined in trial.
At the charge framing stage, the court evaluates only prima facie evidence, not the merits of a defense; if sufficient grounds exist, charges proceed.
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
No one can benefit from their own wrongful act, and mis-declaration in securing an allotment renders it improper.
The principles of natural justice require that an allotment cannot be cancelled without due process, including notice and an opportunity to be heard.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
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