Abhiram Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10847 of 2022 Abhiram Nayak & Ors.

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Petitioner(s) Mr.S.Senapati, Advocate -versusState of Odisha & Ors.

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Opposite Party(s) Mr.R.P.Mohapatra, AGA

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

11.05.2022 02.

1.

This writ petition involves the following prayer:- "It is therefore, prayed that this Hon'ble Court may graciously be pleased to admit the writ application and issue Rule NISI by calling upon the opposite parties to show cause as to why the approval projects namely i.e. "Repair and Restoration of road from Kainshi Tarini Chaka to Sankara Malik House (SL No.250)" and "Repair and Restoration of road from Kainshi Budipokhari Adibasi Sahi house to Bharat Malik House (SL. No.272)" for repair and restoration of projects damaged due to severe Cyclonic storm "YAAS" under Annexure-4 series shall not be repaired and the opposite parties shall not be directed to conduct a Vigilance enquiry regarding the said illegalities made by the opp. Party no 7 to 9 and if the Opp. Parties fails to file show cause or insufficient cause the said rule may kindly be absolute.

And further be pleased to pass a writ of Mandamus by directing the opposite parties to repair the approval prohects namely "Repair and Restoration of road from Kainshi Tarini Chaka to Sankara Malik House (SL No.250)" and "Repair and Restoration of road from Kainshi Budipokhari Adibasi Sahi house to Bharat Malik House (SL. No.272)" by conducting a Vigilance enquiry regarding the said illegalities made by the opp. Party no 7 to 9.

And further be pleased to pass any other writ/writs, order/orders as this Hon'ble Court may deem fit and proper in the eye of law.

// 2 // And for this Act of kindness the petitioners as in duty bound shall ever pray.

2.

For the involvement of innocuous prayer even after pendency of representation at Annexure-8, this Court disposes of the writ petition directing the Collector, Balasore opposite party No.4 to look into the grievance of the petitioners vide Annexure-8 and take decision, as appropriate. Since the petitioners want inquiry and verification in their involvement, this Court directs the Collector to conclude the proceeding involving the parties concerned at least within a period of three months from the date of communication of order of this Court along with copy of the writ petition being served on it by the petitioners.

(Biswanath Rath) Judge Swarna