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Orissa High CourtWP(C)/4835/2018disposed off

Raj Kishore Majhi v. State Of Odisha,Secretary,Dept.Of Town Planning And Development,Bbsr

2022-11-15Mr. Justice Sanjay Kumar Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 4835 of 2018 Raj Kishore Majhi .....

Petitioner Mr. P.K. Mishra, Adv.

Vs.

State of Odisha & Ors.

.....

Opposite Parties Mr. M. Mohanty,Adv.

(R. No.3) Mr. G. Rout, ASC CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

15.11.2022 Order No.

04.

This matter is taken up through hybrid mode.

2.

Heard Mr. P.K. Mishra, learned Counsel for the Petitioner, Mr. M. Mohanty, leaned Counsel for the Respondent No.3 and Mr. G. Rout, learned Additional Standing Counsel for the State. 3.

Learned Counsel for the Petitioner submits that the case of the Petitioner is squarely covered by the judgment passed by Coordinate bench in case of Patitapaban Dutta Dash and Ors. Vs. State of Odisha and Ors. in W.P.(C) No. 19951 of 2020 decided on 09.09.2021, which was passed relying on the judgment of the Apex Court in the case of State of Karnataka v. Umadevi (3) : (2006) 4 SCC 1, so also State of Karnataka v, M.L. Keshari: (2010) 9 SCC 247.

4.

Learned Counsel for the Petitioner further submits that the Petitioner be permitted to submit his representation to the Collector-

Cum-Chairperson of the District Regional Improvement Trust, Dhenkanal, ventilating his grievances, which be disposed of in terms of the said judgment of this Court.

5.

In view of the limited prayer made by the learned Counsel for the Petitioner, to which the learned Counsel for the Opposite Party No.3 has no objection, the Writ Petition stands disposed of permitting the Petitioner to give representation to the CollectorCum-Chairperson of the District Regional Improvement Trust, Dhenkanal within 15 days hence along with a copy of the judgment passed in case of Patitapaban Dutta Dash (supra). 6.

If the representation as undertaken by the Petitioner is tendered within the stipulated time frame, the Collector-CumChairperson of the District Regional Improvement Trust, Dhenkanal, is directed to dispose of the same by passing a reasoned Order within four weeks from the date of receipt of the said representation after giving the Petitioner chance of personal hearing before disposal of his representation as ordered. 7.

Urgent certified copy of this Order be granted to the Petitioner on proper application.

(S.K. MISHRA) JUDGE Banita