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Judgment
Mr. Namtoar, learned advocate appears on behalf of petitioner and submits, his client has filed additional affidavit and rejoinder to the counter. Mr. Rout, learned advocate, Additional Standing Counsel appears on behalf of State and on query from Court submits, the additional affidavit has also been dealt with in the counter.
Mr. Namtoar submits, it is executive fiat running contrary to provision in sub-rule (3) under rule 3 in Odisha Government Land Settlement Rules, 1983. The procedure provided allows for land in urban area to be reserved for setting up small or medium scale industries. Documents have been disclosed, particularly by the additional affidavit, to show that petitioner admittedly has a good case for getting allotment.
Mr. Rout submits, petitioner cannot claim a right to have allotment. The land has been reserved for public purpose. Petitioner may apply for land outside municipal area of Barbil town.
At this stage, Court adjourns the hearing. This is because on the one hand the administration has their contention, while petitioner wants to make out a case that the refusal to allot is whimsical. We do not want to be drawn into scrutiny and adjudication.
List on 13th April, 2023, for disposal.
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