SRI JAGDISH RAI PURI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition is directed against the order dated 28.1.2010 passed by the Special Secretary to Government, G.A. Department, (Annexure-5), refusing to grant permission for transfer of Plot No. 5/B, measuring 100' x 109' near Raj Bhawan, Unit-VIII, Bhubaneswar, in favour of petitioner and allowing transfer of the same in favour of opposite party no.4.

(2.) The brief facts of the case is that Plot No. 5/B, measuring 100' x 109' near Raj Bhawan, Unit-VIII, Bhubaneswar, was originally leased out in favour of one Major Balakrishna Sharma by the erstwhile Political and Services Department, Government of Orissa, in the year 1967. Major Sharma transferred the aforesaid plot of land in favour of Late Epari Bhaskar Patra (father of present opposite parties 2 and 3) on 17.7.1975, after obtaining due permission from the State Government. On 17.7.1979 Late E.B. Patra applied to the State Government for granting him necessary permission to transfer the said plot of land in favour of present petitioner and an agreement for sale was executed between the petitioner and Late E.B. Patra at Bhubaneswar, wherein price of the property was fixed at Rs. 1,30,000/- and as per the terms and conditions of the agreement, Late E.B. Patra received Rs. 11,000/- as advance and balance consideration amount of Rs. 1,19,000/- was to be paid at the time of registration. As Late E.B. Patra did not comply with the terms and conditions of the agreement for sale, the petitioner filed O.S. No. 76 of 1980-I before the Sub-Judge, Bhubaneswar, for specific performance of contract. The said suit filed by the petitioner was decreed in part, holding that the petitioner is entitled to damages in lieu of specific performance. This judgment and decree of the Sub-Judge, Bhubaneswar, passed in O.S.No. 76 of 1980-I was challenged by the petitioner before this Court in F.A. No. 348 of 1984, which was disposed of by this Court by order dated 30.8.1994, by passing the following decree: "The appeal is allowed with cost. The judgment of the trial Court rejecting the prayer for specific performance of contract of sale is set aside and the plaintiff's suit for specific performance of contract of sale is decreed. The defendant will submit application to the appropriate functionary of the State Government seeking permission for sale of the suit property to the plaintiff within two months and on obtaining such permission shall execute the sale deed within a month of receipt of permission. The decretal dues of the Life Insurance Corporation against the defendant shall be paid out of the sum of Rs. 1,34,502.32 which is stated to have been deposited by the plaintiff in the trial Court. If any further sum is required for clearing the decretal dues, the plaintiff will-deposit the same. If the defendant fails to apply or to execute the sale deed, the learned sub-ordinate Judge will take necessary steps in the matter, if the State Government refuses to accord permission for the sale, the plaintiff will be entitled to receive damages of Rs. 22,000/- as stipulated in the agreement with interest at the rate of 9 per cent per annum from the date of institution of the suit."

(3.) In the meantime on 10.01.1991, Late E.B. Patra (father of present opposite parties 2 and 3) entered into an agreement for sale in respect of the self-same plot of land with M/s Indian Charge Chrome Ltd.-opposite party no. 4 for a consideration amount of Rs. 15.00 lacs. On payment of Rs. 14.00 lacs as advance, the said opposite party no. 4 took over possession of the land in question. Thereafter, basing on a irrevocable Power-of-Attorney granted by Late E.B. Patra, the opposite party no. 4 constructed a building over the said land for housing of its executives. Subsequently, opposite party no. 4 filed Title Suit No. 341 of 1993 before the Sub-Judge, Bhubaneswar, for specific performance of contract against Late E.B. Patra and the State Government, wherein the present petitioner was impleaded as a party. The said suit of the opposite party no.4 was decreed on 20.3.2003 for specific performance of the agreement for sale. During pendency of Title Suit No. 341 of 1993, opposite party no. 4 filed another suit, i.e. Title Suit No. 354 of 1997 with a prayer to declare the decree dated 30.8.1984 passed by this Court in F.A. No. 348 of 1994 as not binding on them, which was dismissed by the Sub-Judge, Bhubaneswar, by judgment dated 26.7.2003. Against the said judgment, opposite party no.4 filed R.F.A. No. 172 of 2003, which is pending in this Court. After entering into the agreement for sale in respect of the plot of land in question with opposite party no. 4 and handing over physical possession, Late E.B. Patra applied to the State Government for permission to transfer the said land to the opposite party no. 4 The State Government in the G.A. Department by letter no. 5939, dated 4.5.1996 informed Late E.B. Patra that the permission for sale of the plot of land in question could not be granted in favour of any one except the present petitioner, in view of the decree of this Court passed in F.A. No. 348 of 1984 and accordingly the request for grant of permission to transfer the land in favour of opposite party no. 4 was refused. The said fact was also intimated to the petitioner vide letter no. 5940 dated 4.5.1996 (Annexure-6).