p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18282 of 2018 CNR No.ODHC010541902018 Prabodha Chandra Nayak …. Petitioner(s) Mr. Jitendra Kumar Naik, Adv. -versus- Cuttack Development Authority & Anr. …. Opposite Party(s) Mr. G.R. Mahapatra, Adv. (for CDA) CORAM: HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. 09. ORDER 01.09.2026 1. This matter is taken up through hybrid arrangement. 2. By filing the present Writ Petition, the Petitioner, Prabodha Chandra Nayak, has prayed, inter alia, for quashing of the order of cancellation of allotment vide Annexure-5 and for allotment of a “C” category plot in the Bidanasi Project Area by accepting the differential price after adjustment of the amount (Rs.41,730/-) already deposited by him. 3. Learned counsel for the Petitioner submits that pursuant to the advertisement issued by the Opposite Parties on 17.01.1989 for allotment of residential plots in the Bidanasi Project Area, the Petitioner applied for a “C” category plot measuring 40' × 60' and deposited the requisite initial amount. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 02-Sep-2026 17:25:38 Signature Not Verified p. 2 The application was registered as Registration No.34-C-0676- 38 dated 17.01.1989 in Sector-9 and thereafter provisional allotment of a “C” category plot was made in his favour. 4. Learned counsel further submits that the Petitioner deposited substantial amounts towards the price of the plot, but, on account of financial difficulties, could not pay the remaining installments within the stipulated time. Consequently, the provisional allotment was cancelled vide Memo No.2954 dated 02.02.2000. It is submitted that, in terms of the conditions governing the allotment, the refundable amount was required to be refunded within two years from the date of cancellation without any interest and, in case of delay beyond the stipulated period, simple interest at the rate of 9% was payable for the period of beyond two years. 5. Mr. G.R. Mahapatra, learned counsel appearing for the Opposite Parties, has filed an affidavit and submits that, upon calculation in terms of the applicable conditions, an amount of Rs.1,67,020/- is payable to the Petitioner towards the refundable amount along with applicable interest. 6. Having heard learned counsel for the parties and upon consideration of the affidavit filed by the Opposite Parties, this Court finds that the amount of Rs.1,67,020/- has been quantified by the Opposite Parties as payable to the Petitioner. In view of the said position and without going into Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 02-Sep-2026 17:25:38 Signature Not Verified p. 3 the correctness of the original cancellation at this stage, the legitimate monetary claim of the Petitioner deserves to be settled by release of the said quantified amount. 7. Accordingly, the Opposite Parties are directed to release/pay a sum of Rs.1,67,020/- (Rupees One Lakh Sixty- Seven Thousand Twenty only) in favour of the Petitioner within a period of two weeks from the date of communication/production of a certified copy of this order, subject to due identification and compliance with necessary formalities. 8. In view of the above direction, the Writ Petition is accordingly disposed of. 9. Pending application (s), if any, shall stand disposed of. 10. Interim order, if any, stands vacated. 11. Issue urgent certified copy of this order as per Rules. (Dr. Sanjeeb K Panigrahi) Judge Sipun ORISSA, CUTTACK