NAGEN KUMAR BARIK Vs. CUTTACK DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN this Writ Petition the Petitioner challenges the action of the Cuttack Development Authority, Opposite Party, to hold an auction as per the decision of the Allotment Committee held on 25.11.2002 vide Annexure -4 regarding allotment of commercial plot No. 81/73 having an area of 1080 sq. fts.

(2.) THE facts of the case are as follows;

(3.) THE Petitioner has filed a rejoinder to the counter affidavit stating therein that the Chairman is the highest authority of the C.D.A. and since he had recommended to allot the plot in favour of the Petitioner, the other authority of the C.D.A. should have honoured the order passed by the Chairman and issued an allotment letter in favour of the Petitioner. It has further been stated that Plot No. 81 S/117 was allotted to one Gita Tripathy. As it was a commercial plot, the same was converted to residential plot and allotment was made thereafter. Hence, in the case of the Petitioner also, same process should have been adopted and the authority should have issued an allotment letter.