PRAFULLA KUMARI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is the widow of late Prasanna Kumar Das, who, after serving as Professor and Principal of different Government Colleges in the State of Orissa, retired as Addl. D.P.I. While in service, the husband of the petitioner had been allotted with a Government plot by the Capital Cooperative Housing Society Ltd-opposite party no.3. But before the allotment process could be completed and necessary lease deed could be executed, the husband of the petitioner died. Therefore, the present petitioner has filed this writ application with a prayer to direct the opposite parties to complete the process of allotment in pursuance of the allotment order issued by the Society under Annexure-2 and register the document of transfer of the land in her name within a stipulated time.

(2.) The brief facts as narrated in the writ application, tend to reveal that the State Government in the erstwhile Political and Services Department, now General Administration Department, set apart certain Government plots for allotment to the members of Capital Cooperative Housing Society Ltd. (hereinafter 'Society'). The husband of the petitioner being a bona fide member of the said Society since 15.10.1960 had applied to the Society for allotment of a piece of land. The Board of Directors of the Society decided to provisionally allot Plot No. 696 measuring approximately 1/10th of an acre of the size 60' x 75' in Saheed Nagar, Bhubaneswar in favour of the husband of the petitioner vide the allotment letter dated 24.8.1965 in Annexure-2. On receipt of the aforesaid letter, the husband of the petitioner paid the premium of the land on 3.10.1966 vide Challan No. 1512 dated 19.9.1966 of the Bhubaneswar Sub-Treasury and submitted the Challan in original to the Deputy Estates Officer and Ex-Officio Under Secretary to Government, Political and Services Department, with a request to execute the lease deed and register the allotted plot in his name.

(3.) A counter affidavit has been filed by opposite parties 1 and 2, i.e. the State Government represented by the Secretary, General Administration Department and the Director of Estate and Ex-Officio-Deputy Secretary, P & S Department respectively, through the Additional Land Officer, General Administration Department, wherein the allotment of land and deposit of money by the husband of the petitioner has not been disputed, but it is only indicated that the genuineness of the Treasury Challan regarding deposit of premium for the land, is to be verified.