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2010 DIGILAW 517 (ORI)

Bipin Bihari Behera v. State of Orissa

2010-07-28

I.MAHANTY, V.GOPALA GOWDA

body2010
ORDER 28.7.2010 — Heard learned counsel for the petitioner and the learned counsel for the State. 2. The association of voluntary retired employees of the Orissa State Handloom Development Corporation is before this Court seeking for issuance of a writ of certiorari quashing Annexure-2 passed by opposite party No.1 resuming the land and building of the Corporation and for a declaratory relief declar¬ing that Annexure-1 is illegal urging various facts and legal contentions. 3. On 26.7.2010, we directed the learned Government Advo¬cate to ascertain as to whether the possession of the property covered under Annexure-2 has been taken over and delivered to Commercial Tax Department. Pursuant to the said direction, he has received written instruction dated 27.7.2010 from the Director of Estates-cum-Ex-Officio Additional Secretary to Government, General Administration Department and has produced the same before us. Let the same be kept on record. It is stated in the said written instruction that the Bhubaneswar Development Author¬ity has agreed to the offer of the land and building at Rs.524.00 lakhs. It is further stated that the Textile & Handloom Depart¬ment submitted another proposal on 18.6.2007 for alienation of the land and building in question in favour of it to avoid future ambiguity and the same is under consideration. Further in the background note on realization of the value of corporate building of the Corporation, it is stated that the amount that would be realized by disposal of the land and building will be utilized to settle the liability payable to the 501 workmen including the 39 workmen, as directed by this Court. 4. In view of the aforesaid written instruction from the State Government-opposite party, we do not propose to quash either Annexure-1 or Annexure-2. It would be suffice for us to direct the opposite parties to take effective steps, having resumed the land and building of the Corporation, to transfer the same to get market value of the property, not necessarily Rs.524 lakhs as offered by Bhubaneswar Development Authority, as the outstanding liabilities of the employees would be more as worked out in the background note. In addition to the above, other liabilities may be there. Therefore, settlement of the dues of the workmen should be the priority under Section 529-A of the Companies Act. In addition to the above, other liabilities may be there. Therefore, settlement of the dues of the workmen should be the priority under Section 529-A of the Companies Act. Steps shall be taken as expeditiously as possible to see that the amount is recovered and the same is disbursed to the employee workmen/employees who have retired including those who took voluntary retirement. Action shall be taken and process shall be completed bringing the properties under auction. If it is intended to transfer the properties to BDA, the same shall be done at the market value fixed by the Government. The whole exercise shall be completed within eight weeks from the date of receipt of this order. 5. With the aforesaid observation and direction, the writ petition is disposed of. A free copy of the order shall be handed over to the learned Government Advocate Urgent certified copy may be granted on proper application. Petition disposed of.