High CourtsSingle Bench(2022) 11 OHC CK 0028

Utkal Sammilani (Madhu Mancha), Cuttack vs State Of Odisha & Ors

Orissa High Court · Decided on 3 November 2022

HON’BLE JUDGES
Biswanath Rath, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.28186 Of 2022

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Judgment

8 paragraphs · 417 words

Biswanath Rath, J

1.

Pursuant to the earlier order of this Court passed today Sri Bhabani Shankar Chayani, the Collector & District Magistrate, Cuttack, who is also the Chairman of the District Council of Culture, is present in Court.

2.

There is no dispute that there has been allotment of land on free of cost basis to certain Organizations named in the affidavit filed. In their counter to such averments, Sri Pradhan, learned counsel for the Petitioner brought to the notice of this Court that there has been allotment of land on free of cost basis to several other Organizations including “Sri Sri University” and “Prajapita Brahama Kumari”. For the submission of the Collector & District Magistrate, Cuttack who is present in Court here, all these Organizations are to provide some role either in maintenance of health care or providing Yoga training to the visitors. For the opinion of this Court as there is sole application at the instance of the Utkal Sammilani (Madhu Mancha), Cuttack and keeping in view the space of such establishment in the State of Odisha, there should not be any lesser consideration on the role of such establishment. It is in the course of submission, the Collector & District Magistrate, Cuttack being the Chairman of the District Council of Culture agrees to provide the piece of land already in allotment in favour of the Petitioner but however at least subject to the Petitioner’s depositing token amount at least to see that there is no precedent created in considering any further applications.

3.

Considering the development taken place in the meantime and keeping in view the commitment of the Collector & District Magistrate, Cuttack and as the Opposite Party No.2 in the case proceeding and for there is a policy decision involving this issue made by the highest authority and to block the precedent of this nature of order to any other Organization, this Court directs, there shall be allotment of a land in favour of the Petitioner-Organization subject to the Petitioner’s depositing a sum of Rs.1,000/- (rupees one thousand only) before the competent authority and allotment order shall be handed over to the Petitioner immediately thereafter.

4.

Personal appearance of Sri Bhabani Shankar Chayani, the Collector & District Magistrate, Cuttack sought for assisting the Court is dispensed with, as there is no further necessity of his presence here.

5.

The Writ Petition stands disposed of.

6.

Free copy of this order be handed over to Sri Panda, learned Addl. Govt. Adv.

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