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Orissa High CourtWP(C)/5592/2022disposed off

Prasanna Kumar Mishra v. State Of Odisha

2022-03-07Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5592 of 2022 Prasanna Kumar Mishra ....

Petitioner Mr. B.K. Behera, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

07.03.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner as well as learned counsel for the State.

3.

The sole grievance of the Petitioner in the present writ petition is that the Director (ST)-cum-Additional Secretary to Government of Odisha, S.T. and S.C. Development Department, Odisha is not considering the case of the Petitioner for releasing of 3rd RACP. 4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has received 1st and 2nd RACP, he has not given 3rd RACP. He further submits that the authorities have already extended the benefit of 3rd RACP to the similarly situated persons and the copies of orders under which the benefit is extended under Annexure-4 series to the writ petition.

5.

Mr. K.K. Nayak, learned counsel for the State submits that he has no objection, if a direction is given to the Opposite Parties to consider the representation of the Petitioner within a stipulated period

// 2 // of time.

6.

Having heard learned counsel for the parties, this Court disposes of the writ petition with a direction to the Petitioner to file a fresh representation along with documents in support of his claim before the Director (ST)-cum-Additional Secretary to Government of Odisha, S.T. and S.C. Development Department, Odisha-Opposite Party No.2 within a period of ten days from today. In the event such a representation is filed within the aforesaid period, the same shall be considered in accordance with law and the same shall be disposed by a speaking and reasoned order within a period of eight weeks from the date of filing of fresh representation. It is needless to mention here that the representation of the Petitioner shall be considered by passing a speaking and a reasoned order on the same. Any decision taken on the same shall be communicated to the Petitioner within a period of ten days thereafter.

7.

With the aforesaid direction, the writ petition stands disposed of.

8.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra ) Judge