SNEHALATA PARIDA Vs. ORISSA STATE HOUSING BOARD

JUDGEMENT

(1.) THIS Court by a common judgment rendered on 25th of August, 1999 while disposed of O.J.C. Nos. 4321 and 4738 of 1999 by directing the Orissa State Housing Board (in short 'Board') to forthwith deliver possession of the houses as indicated in the allotment orders issued in favour of the said writ petitioners, namely, Smt. Snehalata Parida and Smt. Ashalata Routray respectively, dismissed O.J.C. No. 9938 of 1999 filed by the Chandrasekharpur Housing Board Colony Unnayan Samiti (in short 'Samiti') challenging the allotment orders issued in favour of the aforesaid two writ petitioners. The Samiti challenged the aforesaid judgment in Civil Appeal Nos. 3180 3182 of 2000 and the Apex Court on May 1, 2000, while allowing the appeals, set aside the impugned judgment and sent back the matters to this Court by passing the following orders :

(2.) THEREFORE , the sole question to be decided by this Court is whether the two allottees, namely, Smt. Snehalaia Parida and Smt. Ashalata Routray own houses and are, therefore, not eligible for allotment of the houses in question.

(3.) TO decide the question, as stated above, let me take up the case of the petitioner Smt. Snehalata Parida of OJC No. 4321 of 1999. In the counter affidavit filed by one Narayan Dash, Secretary of the Samiti (O.P. No. 2), it has been alleged that the Board has not only entertained the application of the petitioner for allotment surreptitiously but has also deliberately ignored the mandate of the Board's Regulations. This aspect is not to be considered by this Court in view of the specific remand order of the Apex Court. In para 6 of the counter affidavit filed on behalf of the Board, it is stated thus :