IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21372 of 2021

Rabindra Kumar Kar

&&

Petitioner

Mr. P.S. Nayak, Advocate

-versus-

State of Odisha & Ors.

&&

Opposite Parties

Mr. S.S. Kanungo, AGA

CORAM:

JUSTICE C.R. DASH

ORDER

09.08.2021

Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. Partha Sarathi Nayak, learned counsel for

the petitioner, learned Additional Government Advocate

appearing for the Opposite Party Nos.1 and 2 and Mr. D.

Mohapatra, learned counsel for the Opposite Party No.3-

Cuttack Development Authority.

3.

In this writ petition, the petitioner has prayed to issue

writ in the nature of certiorari/ mandamus directing the

Cuttack Development Authority to issue transfer application

form in his favour in respect of Plot No.13- 2F/684 in Sectior-

13 of Bidanasi Project Area and complete the formalities of

transfer of allotment within a stipulated period.

2

4.

It is stated by the learned counsel for the petitioner

that though this Court in the case of Pravat Kumar Tripathy

3vrs.- C.D.A. and Another (in W.P.(C) No.4902 of 2015)

disposed of on 02.02.2015 and in the case of Krushna

Chandra Mohanty 3vr.- State of Orissa (in W.P.(C)

No.15398 of 2016) disposed of on 14.09.2016 has held that

meaning of date of lease-cum-sale of the plot is not the actual

date when the lease was executed by the authority; rather, the

relevant date of handing over possession of the piece of land

to the allottee, who in pursuance of the terms and conditions

deposited the money and allotment was made in his favour,

the Cuttack Development Authorities are not granting

permission for transfer of allotment of the aforesaid plot vide

Annexure-4 on the ground that, the transfer of Plot No.13-

2F/684 in Sector-13 will be considered after construction of

building on the above plot.

5.

The sum and substance of the defence plea is that

Government of Odisha, Revenue and Disaster Management

Department vide order No.RDM-LRGEA-CTC-0014 2015

dated 21.11.2015 delegated the powers to accord permission

for transfer of leased out Government land allotted by CDA,

Cuttack to an individual allottee to another person by way of

sale, gift or mortgage. Ultimately, transfer of land vested with

Revenue

Divisional

Commissioner

(Central

Division),

Cuttack. It has been stipulated by the Government of Odisha

that in case of plots of land with houses built thereon taken

on lease-cum-sale basis from the CDA, the Revenue

3

Divisional Commissioner (Central Division), Cuttack shall

accord permission for transfer of the said land and house on

behalf of the Governor of Odisha, provided that two years9

time has expired from the date of lease-cum-sale of the plot in

question along with the house built thereon.

6.

It is, therefore, argued by Mr. D. Mohapatra, learned

counsel for the C.D.A. that since the petitioner has not

constructed house on the said plot after purchased and the

lease-cum-sale deed having not been executed, the permission

for transfer of the land cannot be granted.

7.

It is brought to the notice of this Court that the plot in

question was initially allotted through lottery vide allotment

No.12835 dated 16.05.2008 in favour of petitioner. Though

allotment has been made on 16.05.2008 in favour petitioner

and more than thirteen years have elapsed in the meantime, as

yet, the infrastructural development in Sector13 of Bidanasi

Project Area has not been completed. It is in fact not disputed

by the learned counsel for the C.D.A. that there has been

inordinate delay in developing the area of Sector-13 of

Bidanasi Project Area for several problems. So, decision taken

by the Government of Odisha that an original allottee or a

person who has purchased a land from the original allottee can

only sale the plot and