Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10901 of 2023
Sura Jena …. Petitioner Mr. S.P. Sarangi, Advocate
-versus-
State of Odisha & Others …. Opp. Parties Mr. J. Khandayatray, ASC
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 15.04.2026
01.
1. By means of this application, the Petitioner seeks the following relief:-
“It is, therefore, humbly prayed that this Hon’ble Court may graciously be pleased to admit the writ petition, issue rule nisi calling upon the opposite parties to show cause as to why the case of the petitioner shall not be consider for change of ownership of shop No.31 to him from the opposite party no.4,
If the opposite parties fails to show cause or show insufficient show cause shown by the Opposite parties the said Rule be made absolute by directing the opposite party No.2 & 3 to transfer the ownership of shop room No.31 from opposite party No.4 in favour of the petitioner.”
2. In course of the hearing in the application, learned counsel for the Petitioner drew the attention of this Court to the fact that the Petitioner had made an application before the authority for change of ownership of shop No.31 on pre-allotment transfer on the basis of an affidavit. However, the authority declined to consider the application of the Petitioner on the ground that the shop room in question has already been allotted on the basis of a lottery drawn in presence of the applicants interested for the p. 2 occupation of the shop rooms. The Petitioner neither presented himself for the lottery nor made any application before the allotment was made. The matter relates to the year 2020, when the concerned shop room was allotted in favour of one Aparti Srichandan; now we are in 2026.
3. In view of the above, in absence of any statutory right demonstrated by the Petitioner in his favour or otherwise to show that the impugned order passed by the authority is not in accordance with law, this Court is not inclined to indulge in the application. However, it is observed that, in case, any shop room would be lying vacant for allotment, the application of the Petitioner may be considered in accordance with law or the guidelines for allotment by the authority concerned.
4. Accordingly, the Writ Petition is disposed of.
(Chittaranjan Dash) Judge
Sarbani Designation: Junior Stenographer