NIRANJAN TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application in the nature of Public Interest Litigation is filed by a practicing Advocate who has put in five years of practice at the Bar seeking for an inquiry by the Central Bureau of Investigation to trace out the truth regarding allotment of plots out of Discretionary Quota as to (i) whether before allotment out of the Discretionary Quota the eligibility of the beneficiaries was to be enquired into; (ii) whether individual statement of the beneficiaries are recorded for just requirement of the plot necessitating an allotment from Discretionary Quota by the Chairman; and (iii) whether the beneficiaries of the plots in question are required to be treated separately beyond the rules made for the general public as a whole, urging various facts and furnishing a list of sitting Judges and former Judges of this Court, former Judges of the Supreme Court, IAS, IPS and IFS Officers with their names and address by producing Annexure -1 along with a list of plots at Bidanasi project area granted under the Discretionary Quota during the period 2000 -2007, as well as, enclosing certain extracts from the websites of Outlook India.com dated December 6, 2004 under the heading "Salt Lake Scam" and extract from The Sunday Indian dated September 14, 2011, The Telegraph dated November 9, 2010 under Annexure -2 series. Annexure -3 series is the extract of the The Frontline magazine dated May 10 -23 2003 with reference to a former Delhi High Court Judge Shamit Mukherjee.

(2.) A further affidavit has been filed on 31 October, 2011, sworn to by the petitioner by annexing thereto, the extract of documents under Annexures -4 and 5, i.e., the extract of the Procedure for allotment of assets of Bhubaneswar Development Authority" and the "Further Information Allotment of plot/Commercial plot/Institutional at Bidanasi Project Area from the year 2004 to 2007".

(3.) THE petitioner has further filed another Misc. Case No.17941 of 2011 on 21.11.2011 seeking leave of this Court to withdraw the above writ petition, with liberty to file a fresh writ petition in the form of a Public Interest Litigation in accordance with the Orissa High Court Public Interest Litigation Rules, 2010 (hereinafter called "the PIL Rules, 2010").