RABINDRA CHANDRA MOHANTA Vs. COLLECTOR BARIPADA AND OTHERS

JUDGEMENT

(1.) This writ petition is against the order dated 10.10.2005 passed by the opposite party no.2-Executive Officer, Baripada Municipality whereby and whereunder the petitioner has been allotted a shop room in the 1st floor of the shopping complex in question while the case of the petitioner is that in initial process of selection, he has been allotted a shop room situated in the ground floor of the shopping complex.

(2.) The ground raised by the petitioner in assailing the subsequent decision of the authority in allotting the shop room in the 1st floor of the shopping complex is that on earlier occasion by virtue of due process having been followed by the Selecting Body, he has been allotted a shop room in the ground floor. He has deposited the required money and also ready to deposit the excess amount, if he would have been allotted a shop room in the ground floor in the subsequent selection process. But without taking into consideration this aspect of the matter, the earlier decision taken by the Selecting Body, has been reversed by the subsequent Selecting Body that to without any rhyme and reason. Hence, the decision is highly arbitrary and illegal. The further ground taken by the petitioner is that when the Selecting Body, in course of his tenure, has taken a decision, the subsequent Selecting Body cannot reverse the decision already taken that to which is detrimental to the interest of the petitioner.

(3.) The Baripada Municipality has appeared and filed counter affidavit inter alia stating therein that there is no illegality in the allotment of a shop room in favour of the petitioner vide order dated 10.10.2005 (Annexure-2) in the 1st floor instead of allotting the same as proposed earlier in the market complex in the ground floor because of the reason that the decision taken for allotment of shop rooms vide Resolution dated 28.06.2002 of the Space Committee of erstwhile Baripada Municipal Council was never been acted upon and no allotment order was issued to anyone including the petitioner as per the said resolution.