Nimai Charan Mohapatra v. Director of Estate, General Administration Department, Bhubaneswar
2015-05-04
A.K.RATH
body2015
DigiLaw.ai
JUDGMENT A.K. Rath, J. 1. The petitioner has prayed, inter alia, for a direction to the opposite party to accept the premium of Rs.6,341.83 paise and hand over the possession of Plot bearing No.N/2-151 measuring 65’ x 85’. 2. The short fact of the case of the petitioner is that he made an application to the General Administration Department, Government of Orissa, Bhubaneswar for allotment of a residential plot within the Notified Area Council, Bhubaneswar. A lottery was conducted on 20.01.1974. The opposite party sent a letter on 4.2.1974 to the petitioner stating therein that the Government have been pleased to formally allot a Plot bearing No.N/2-151 measuring 65’ x 85’ at Nayapalli, Bhubaneswar as per Drawing No.B.S.136 in his favour. The petitioner was directed to deposit the premium of the land of Rs.6341.83 paise in one instalment within fifteen days from the date of receipt of the letter, vide Annexure-1. Since he was a low paid Government servant and due to the family problem, it was not possible to deposit the amount in time. He made an application to the opposite party with a request to grant time to deposit the premium. The opposite party vide letter dated 4.6.1979 allowed 15 days time as a last chance to deposit the premium. The petitioner was unable to deposit the said amount due to paucity of funds. He met the opposite party and requested to accept the premium. But the opposite party refused to accept the same. Finally, he made a representation on 17.07.1998, vide Anneuxre-3. Till date no communication has been received. 3. Heard Mr. B.K. Nayak, learned counsel for the petitioner and Mr.B.P. Pradhan, learned Additional Government Advocate for the State. 4. The land was formally allotted in faovur of the petitioner. On 4.2.1974, vide Annexure-2, the opposite party sent a letter to the petitioner to deposit an amount of Rs.6341.83 paise within fifteen days. Since the petitioner could not deposit the premium in time, he made an application for extension of time. The opposite party vide letter dated 4.6.1979 allowed fifteen days time to deposit the amount, vide Annexure-2, that is after lapse of five years. Though a plea was taken that the petitioner met the opposite party, but no date has been mentioned. Sufficient time was given to the petitioner to deposit the amount, considering the plight of the petitioner.
The opposite party vide letter dated 4.6.1979 allowed fifteen days time to deposit the amount, vide Annexure-2, that is after lapse of five years. Though a plea was taken that the petitioner met the opposite party, but no date has been mentioned. Sufficient time was given to the petitioner to deposit the amount, considering the plight of the petitioner. For the reasons best known to him, the petitioner did not deposit the amount. He maintained a sphinx like silence. After lapse of 19 years from the issuance of letter dated 4.6.1979, vide Annexure-2, the petitioner made a representation. The same was done obviously for filing of the writ petition before this Court. In the meantime, 41 years have elapsed. In view of the same, this Court is not inclined to entertain this writ application. Accordingly, the same is dismissed. There shall be no order as to costs.