LAW FOR ALL

the suit land, whereon 23 shops have been constructed and rented out, belongs to the State Government; that a part of the ‘Kalyan Mandap’ is built on the Government land and a portion of it on the leasehold area of the association; that the association could not have constructed the ‘Kalyan Mandap’ in this manner and, therefore, the portion of the land deserves to be resumed by the State Government; that the arrangement entered into by the association with M/s. INCON Associates is absolutely illegal and there is a conflict of interest since the Secretary’s son and son-in-law have been inducted as partners in the concerned firm; that there is revenue loss as the audit report of the Accountant General is appreciated; that the Secretary of the association could not have been instrumental in unauthorised construction on the government land and in generating revenue therefrom; that there is a serious concern about the nature of revenue generation utilisation and the loss sustained; and that the whole thing makes us feel that there is something rotten in the management of the affairs in fiscal aspects. Having so concluded, we issue the following directions:- (i) The Collector, Cuttack, shall take over possession of 23 shops and the ‘Kalyan Mandap’. (ii) The Department of Revenue shall be entitled to continue the tenancy and maintain the Kalyan Mandap and manage the affairs of the said property through District Collector, Cuttack. (iii) No tenant or anyone shall be entitled to institute any litigation in any manner in respect of the said property involved in this appeal that has arisen from T.S. No. 312 of 1991 instituted in the Court of Additional Civil Judge, Senior Division, Cuttack. (iv) The government, if it decides to manage the properties by entering into fresh agreement, is at liberty to do so. (v) The agreement between the association and M/s. INCON Associates is declared null and void. (vi) As the conflict of interest is obvious and the Secretary, who is accountable to the public, has failed to conduct himself as required under the law, he is debarred from contesting for any post in the association.