Laxmidhar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7641 OF 2022 Laxmkidhar Swain & Ors.

.....

Petitioners Mr. S.S. Mohanty, Advocate Vs.

State of Odisha & Ors.

.....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

02.12.2022 Order No.

This matter is taken up by hybrid mode.

2.

Heard Mr. S.S. Mohanty, learned counsel appearing for the petitioners and Mr. J.P. Patnaik, learned Government Advocate appearing for the State-opposite parties. 3.

The petitioners have filed this writ petition seeking direction to the opposite parties to consider their representation regarding shifting of the proposed saw mill from Plot No.2147 & 2813 under Khata No.985 of MouzaTentulia under Biridi Tahasil in the district of Jagatsinghpur to the nearby vacant land or else.

4.

Mr. S.S. Mohanty, learned counsel appearing for the petitioners contended that since there is opposition with regard to opening of the saw mills in the existing place, the petitioners want to shift the same to other places. Therefore, they have approached this Court by filing this writ petition. 5.

Mr. J.P. Patnaik, learned Government Advocate appearing for the State-opposite parties contended that if the representation of the petitioners is pending, direction may be

issued to the authority to consider and dispose of the same in accordance with law.

6.

Having heard learned counsel appearing for the parties and after going through the records, this Court finds that since the petitioners have made innocuous prayer for disposal of the representation, this Court is not inclined to express any opinion on the merits of the case. However, this Court directs the petitioners to file a fresh representation within a period of fifteen days from today agitating their grievances, as has been raised in this writ petition before the authority.

In the event, the petitioners file such representation along with this order, the authority shall consider and pass appropriate order in accordance with law after giving personal hearing within a period of eight weeks thereafter.

7.

With the aforesaid observation and direction, the writ petition is disposed of.

8.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE