Rabindra Prasad Pattnaik v. The Dm-Cum-Collector

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6374 of 2022 Rabindra Prasad Pattnaik & Ors.

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Petitioner(s) Mr. P.K. Mohapatra, Advocate -versusThe D.M.-cum-Collector & Anr.

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Opposite Parties Mr. S. Ghose, Additional Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

14.03.2022 Order No.

01.

1.

Learned counsel for Petitioners alleges that in the first round of litigation basing on the submission of the competent authority that there is abandonment of the scheme for which the Petitioners had pending application, the Court after recording the statement of the public authority permitted the Petitioners to file application for refund of money and in such event there was also direction to consider such request of the Petitioners. It is stated through the records more particularly at Annexures-1 & 2 that the Petitioners applying the provisions under the R.T.I. Act, 2005 have been intimated that neither there is any action in abandonment of the proposal nor there is any agenda till date of supply of the information on 22.01.2022. This Court here finds, the previous round of litigation involving the Petitioners vide W.P.(C) No.4135 of 2004 came to be disposed of on 22.01.2020, as the date

// 2 // 22.01.2020 appearing to be the date on which the Petitioners got such information.

Be that as it may, considering the submission of learned counsel for Petitioners, this Court finds, at this stage the Petitioners have pending claim before the Collector-cum-Vice-Chairman, TAMDA, Angul-O.P.1 vide Annexure-3. This Court, therefore, directs, in the event such claim of the Petitioners is still pending, the same shall be considered and disposed of, however keeping in view the pleadings made in the writ petition as well as the material support in the writ petition, if any, and also providing opportunity of hearing to the Petitioners.

2.

The entire exercise shall be completed within a period of three months from the date of communication of an authenticated copy of this order by the Petitioners.

3.

Petitioners are directed to produce a copy of this order alongwith a copy of the writ petition before the Opposite Party No.1 and take the date of personal hearing of the matter within a period of seven days hence.

4.

The writ petition stands disposed of with the above direction. (Biswanath Rath) Judge Ayaskanta Jena