Gandharba Sen Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 6537 of 2022 Gandharba Sen Naik and another ....

Petitioners Mr. Pravash Chandra Jena, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. S.N.Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

12.04.2022 1.

1.

This matter is taken up through hybrid mode.

2.

Petitioners in this writ petition pray for a direction to settle the issue with regard to method of survey and to withdraw relevant portion of the audit objection in Special Audit No.84/2013-14 (Annexure-2) on the accounts of receipt and expenditure of Tahasil Office, Angul for the year 2006-07 to 2010-11.

3.

Mr. Jena, learned counsel for the Petitioners submits that on the basis of the special audit report, the Petitioners are facing criminal charges. The main allegation in the said criminal case is with regard to the method of survey. Petitioners have done survey as is being done regularly. But in the Special Audit Report No.84/2013-14 (Annexure-2) the same has been taken exception. In that view of the matter, he prays for the aforesaid relief.

4.

Taking into consideration the submission of learned counsel for the Petitioners, this Court is of the considered opinion that it is for the Petitioners to establish in the

// 2 // proceeding that the method of survey adopted by them was in accordance with law. A roving enquiry to that effect cannot be made in exercise of power under Article 226 of the Constitution.

5.

Accordingly, the writ petition merits no consideration and the same is dismissed.

(K.R. Mohapatra) Judge s.s.satapathy