KALPATARU BISWAL Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Additional Government Advocate appearing for the opposite party no. 1 and Mr. D. Mohapatra, learned counsel for the opposite party nos.2 to 4-Cuttack Development Authority.

(2.) In this writ petition, the petitioner has prayed to issue writ in the nature of certiorari/mandamus directing the Cuttack Development Authority to issue transfer application form in his favour in respect of Plot No. 13-3E/994 in Sectior-13 of Bidanasi Project Area and complete the formalities of transfer of allotment within a stipulated period.

(3.) It is stated by the learned counsel for the petitioner that though this Court in the case of Pravat Kumar Tripathy v. C.D.A. and Another (in W.P.(C) No. 4902 of 2015) disposed of on 02.02.2015 and in the case of Krushna Chandra Mohanty v. State of Orissa (in W.P.(C) No. 15398 of 2016) disposed of on 14.09.2016 has held that meaning of date of lease-cum-sale of the plot is not the actual date when the lease was executed by the authority; rather, the relevant date of handing over possession of the piece of land to the allotttee, who in pursuance of the terms and conditions deposited the money and allotment was made in his favour, the Cuttack Development Authorities are not granting permission for transfer of allotment of the aforesaid plot vide Annexure-1 on the ground that at this stage as per Revenue and Disaster Management Department Letter No. 3219/R and DM/dated 21.11.2016 and the case of 3rd party interest cannot be considered before completion of two years of execution of lease deed.