Advocates:
['M/S KAMAL BIHARI PANDA', '', 'S MISHRA', 'DEVASHIS PANDA', '', 'D K MISHRA', 'A G A']

HIGH COURT OF ORISSA: CUTTACK.

W.P.(C) Nos.19171 and 16414 of 2017

In the matters of applications under Articles 226 and 227 of the

Constitution of India.

---------

(in W.P.(C) No.19171 of 2017)

Ramesh Chandra Giri & others

……

Petitioners

-Versus-

Commissioner of Police,

Bhubaneswar-Cuttack Police Commissionerate,

Bhubaneswar & others

……

Opp. Parties

For Petitioners

:

M/s K.B. Panda & S. Mishra

For Opp. Parties :

Mr. D.K. Mishra, A.G.A.

(for O.Ps. 1, 2, 4 to 6)

Mr. D. Panda (for O.P.-4)

(in W.P.(C) No.16414 of 2017)

Saniya Akhtar

……

Petitioner

-Versus-

Sub-Registrar,

Balianta, Bhubaneswar & others

……

Opp. Parties

For Petitioner

:

M/s B. K. Mahapatra

For Opp. Parties :

Mr. D.K. Mishra, A.G.A.

(for O.Ps. 1 to 3)

Mr.

D.

Panda,

A.

K.

Parida,

S. Panda & G. Mohanty

(for O.P.-4)

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PRESENT:

THE HONOURABLE SHRI JUSTICE S.K. MISHRA

Date of Judgment – 08.03.2019

S.K. MISHRA, J.

In both these writ petitions, the petitioners have prayed for writ

of mandamus directing the opposite party nos.1 and 2 especially the

opposite party no.2- Inspector-In-Charge, Saheed Nagar Police Station,

Bhubaneswar in W.P.(C) No.19171 of 2017 and the opposite party no.3 in

W.P.(C) No.16414 of 2017 (hereinafter referred to as <the Inspector-In-

Charge= for brevity) to modify the order dated 12.01.2017 in a project

specific manner pertaining to Sai Enclave Project so as to enable them to

register their dwelling units booked by them in their names individually.

The petitioners have also prayed for a direction to the opposite party no.3-

Maa Tarini Estcon (P) Ltd., represented through its Managing Director,

Niranjan Rana in W.P.(C) No.19171 of 2017 and the opposite party no.4 in

W.P.(C) No.16414 of 2017 (hereinafter referred to as <the Company= for

brevity) to register the dwelling units booked by them individually in their

names and hand over physical possession of the same within a specific

period and direct the opposite party nos.4 and 5 in W.P.(C) No.19171 of

2017 and the opposite party nos.1 and 2 in W.P.(C) no.16414 of 2017

(hereinafter referred to as <the statutory authorities= for brevity) to allow

and accept the sale deeds for registration of plots/ houses in the Project of

the Company in the name and style of <Sai Enclave, Balianta= so as to

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enable them to register the sale deeds of their dwelling units as purchased

by them from the Company.

02.

It was apparent from the records that the Company floated

e-advertisement in local Daily Newspaper for construction and sale of

Simplex, Duplex and Apartments/ Flats and one of them is in the name

and style of <Sai Enclave= Housing Complex at Tiranpada, Balianta,

Bhubaneswar-752101. Pursuant to the same, the petitioners submitted

applications and made deposits for booking of flats at <Sai Enclave= and all

of them had booked residential accommodations with the Company at the

site mentioned above. This development took place in between 2009-2011.

On 15.05.2010, the Company entered into agreements with the petitioners

individually

on

separate

dates

for

sale

of

accommodations.

The

accommodations booked by the petitioners were to be delivered within

twenty-four months from the date of booking. By the end of June, 2014,

the Company should have delivered physical possession of the residential

units to the petitioners, but the Company did not do so. On 26.09.2015,

the Company gave an undertaking to the petitioners to com