SRI NAKULA CHARAN GOCHHAYAT, S/O LATE DINABANDHU GOCHHAYAT Vs. SECRETARY, JAGATSINGHPUR SUB-DIVISIONAL HOUSE BUILDING COOPERATIVE SOCIETY LTD. AND ORS.

JUDGEMENT

(1.) THE Review petition has been filed with a prayer to review the order dated 04.12.2009 passed in O.J.C. No. 872 of 2000 and for de novo hearing of O.J.C. No. 872 of 2000 along with O.J.C. No. 1545 of 1999 filed by the review Petitioner.

(2.) WHILE the Review petition was being heard, learned Counsel for the parties appearing in the writ petitions were directed to make submission on merits, as the prima facie case for review of the order passed in O.J.C. No. 872 of 2000 was made out by the Petitioner.

(3.) FURTHER case of the Petitioner is that he has filed O.J.C. No. 1545 of 1999 with a prayer to set aside the demand of the Society, auction dated 19.09.1994, confirmation of the said auction dated 01.07.1995 and sale certificate issued on 19.09.1995 and to set aside the order of the Tribunal dated 07.01.1999 passed in T.A. No. 10 of 1997. While the said writ petition filed by the Petitioner was pending, O.P. No. 4 -third party purchaser filed O.J.C. No. 872 of 2000, with a prayer to direct the Society to handover vacant possession of the property in question in his favour free from all encumbrances within a stipulated period. This Court by an order dated 04.12.2009 directed O.P. No. 3 -ARCS to issue necessary writ of delivery of possession of the property and also directed the Superintendent of Police, Jagatsinghpur to grant necessary police assistance in order to avoid breach of law and order situation at the time of taking delivery of possession of the property. After knowing about the order dated 04.12.2009, on 28.01.2010, the Petitioner requested the O.P. -authorities to wait for a month and also filed Misc. Case No. 54 of 2010 on 09.02.2010 along with Misc. Case Nos. 57 and 58 of 2010 for condonation of delay in filing Misc. Case No. 54 of 2010 and stay of the order dated 04.12.2009 respectively. However, this Court vide order dated 16.02.2010, dismissed the said Misc. Case No. 54 of 2010 granting liberty to the Petitioner to work out his remedies in accordance with law. Hence, the present Review Petition.