OMFED BAZAR SANGHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Petition has been filed by the Petitioner - a registered association claiming the right of preference for allotment of shop rooms in the new commercial complex on the ground that the members of the said Sangha had earlier been running their trade on the road sides with the knowledge of the Opposite Parties -authorities.

(2.) THE facts and circumstances giving rise to this case are that the members of the Petitioner Sangha had been carrying on different business in omfed since very long period and they had been given assurance by letter dated 5.9.1990 (Annex. -1) the Sanghs' members would be considered for preferential allotment of shop rooms in the new commercial complex. The Sangh was asked to submit the list of its members. After completing all the requirements, a list was furnished by the Petitioner and subsequent thereto a meeting was held under the presidentship of Hon'ble Minister of Fisheries and Animal Husbandry and it was decided to provide 50 Nos. of kiosks to the members of the Petitioner Sangha, therein, as it is evident from the letter dated 26th February, 1992 (Annex. -2). In spite of such assurances the Government has not taken any action to provide the shop rooms to the members of the Petitioner Sangha. In spite of making repeated requests nothing has been done. Hence this petition.

(3.) ON the contrary Mr. D. Mohapatra, Learned Counsel appearing for the Bhubaneswar Development Authority (hereinafter called the 'Authority') and Mr. P. Panda, Learned Additional Standing Counsel have vehemently opposed the petition contending that the members of the Petitioner Sangha were rank trespassers on the public roads. They were evicted for widening the roads. No assurance could be given in contravention of the statutory provisions. Question of application of promissory estoppel does not arise. Thus, the petition is liable to be dismissed.