Jema Munda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10023 of 2021 Dillip Munda & others ....

Petitioners Mr. D.K.Pani, Advocate -versusState of Odisha & others ....

Opposite parties Mr.D.Nayak, Addl. Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY MISS JUSTICE SAVITRI RATHO Order No.

ORDER

14.07.2022 05.

1.

Heard Mr.D.K.Pani, learned counsel for the petitioners and Mr.D.Nayak, learned Addl. Government Advocate. 2.

At the outset, on oral prayer of Mr.Pani, the present writ petition is only confined to petitioner Nos. 1 to 5. 3.

According to Mr.Pani the grievance of the petitioners relates to non-extension of benefits under Resettlement and Rehabilitation Scheme published by the Water Resources Department under Annexure-3 covering Kanpur Major Irrigation Project, in construction of which late mother of petitioner Nos. 1 to 5 lost her lands.

4.

Mr.Nayak, learned Addl.

Government Advocate submits that in case the petitioner Nos. 1 to 5 have any grievance they should approach the Project Director (Rehabilitation and Resettlement) Kanpur Irrigation Project, Basudevpur in the district of Keonjhar (opposite party No.9) first instead of rushing to this Court.

5.

In such background Mr.Pani, learned counsel for the petitioners submits that liberty may be granted to

// 2 // petitioner Nos. 1 to 5 to move the Project Director (Rehabilitation and Resettlement) Kanpur Irrigation Project, Basudevpur in the district of Keonjhar (opposite party No.9) in the matter by filing a comprehensive representation and the said opposite party be directed to take a decision on such motion at an early date.

6.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to petitioner Nos. 1 to 5 to file a representation before opposite party No.9 through registered post within a period of two weeks from today. In the event, such a representation is filed along with a copy of this order, the opposite party No.9 would do well to take a decision on the same in accordance with law within a period of three months from the date of receipt of such representation and communicate the result of such exercise to petitioner No.1 who in turn is directed to share such information with other rest of the petitioners.

7.

Accordingly, the writ petition is disposed of. 8.

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

Kishore (Biswajit Mohanty) Judge (Savitri Ratho) Judge