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2025 DAILYLAW 45322 (ORI)

PRASANT PATRA v. REVENUE DIVISIONAL COMMISSIONER (CD), CUTTACK

WP(C)/18641/2025 · 2025-07-10

R K Pattanaik

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18641 of 2025 Prasant Patra …. Petitioner Mr. B.S. Tripathy-1, Senior Advocate -Versus- Revenue Divisional Commissioner (CD), Cuttack and Chairman, SVS, SCB MC & H, Cuttack and another …. Opposite Parties Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 10.07.2025 01. 1. Heard Mr. Tripathy, learned Senior Advocate appearing for the petitioner and Mr. Ray, learned AGA for the State for the opposite parties. 2. Instant writ petition is filed by the petitioner for a direction to opposite party No.2 to allow him to run the OPOLFED Counter inside the campus of SCB Medical College and Hospital, Cuttack extending the period beyond 8th July, 2025 as per the MoU dated 8th January, 2018 on payment of the ground rent as per the Govt. rate considering the representation dated 5th July, 2025 at Annexure-10 for the reasons stated. p. 2 3. Referring to a copy of the MoU of the year 2018, it is submitted Mr. Tripathy, learned Senior Advocate for the petitioner that the petitioner was allowed to run the OPOLFED Counter extended from time to time and expired on 7th July, 2025. It is claimed that the petitioner has been demanded ground rent at a higher rate not in accordance with the Govt. guidelines and hence, has approached opposite party No.2 with a representation i.e. Annexure-10 but no decision is taken thereon till date and therefore, a direction is required to be issued in that regard. 4. Mr. Ray, learned AGA for the State submits that since the agreement period has expired on 7th July, 2025, the petitioner cannot be allowed to continue to run the OPOLFED Counter. 5. The claim is that the ground rent charged against the petitioner is exorbitant and same is not in consonance with the guidelines of the State Government. It is claimed by the petitioner that the ground rent should be accordingly fixed at the Govt. rate with the renewal of the agreement in respect of the OPOLFED Counter. Considering the fact that the petitioner has already approached opposite party No.2 with such a grievance as per Annexure-10, the Court is inclined to direct the said authority to attend to it and take a decision on fixation of ground rent while considering the plea for such renewal within a stipulated period. p. 3 6. Accordingly, it is ordered. 7. In the result, the writ petition stands disposed of with the direction of aforesaid to be complied with by opposite party No.2 followed by a decision at the earliest preferably within a period of two weeks from the date of receipt of a copy of this order and till such time, there shall be no any coercive action taken against the petitioner pending disposal of the representation i.e. Annexure-10. 8. Urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge TUDU