Gyana Ranjan Senapati v. Odisha State Disaster Management Authority

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.1234 of 2022 (Through hybrid mode) Gyana Ranjan Senapati ....

Petitioner Ms. K. Roy Choudhury, Advocate -versusOdisha State Disaster Management and others ....

Opposite Parties Mr. P.C. Panda, AGA CORAM: JUSTICE ARINDAM SINHA Order No.

ORDER

08.02.2022 01.

1.

Ms. Roy Choudhury, learned advocate appears on behalf of petitioner and submits, her client seeks consideration of request for payment of, inter alia, unpaid amounts in final bill made by representation dated 3rd March, 2021 to opposite party no.3. She submits, there be direction upon said opposite party for consideration and disposal of the representation.

2.

Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, opposite party no.1 has separate engaged panel counsel. Furthermore, the direction is being sought in execution of award. Clearly petitioner cannot approach the writ Court, not being the executing Court.

3.

Execution of award is to be made as per procedure provided in Code of Civil Procedure. The object and purpose is to provide award holder/decree holder assistance in obtaining execution. Prayer of

// 2 // petitioner is for direction upon opposite party no.3 in seeking remedy provided by the award. As such, Court does not see a direction made upon said opposite party to consider and deal with the representation as interference with jurisdiction to be exercised by the executing Court.

4.

Opposite party no.3 will deal with and dispose of representation dated 3rd March, 2021 being annexure-2 series in the writ petition. Petitioner will approach said opposite party with copy of the representation and this order. Decision on the representation be made known to petitioner within three weeks of communication. 5.

The writ petition is disposed of.

(Arindam Sinha) Judge Prasant