Ganesh Bhue v. The Excise Commnr., Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11055 of 2022 Ganesh Bhue ....

Petitioner Mr. J. Behera, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.05.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"Under the facts and circumstances narrated above its most humble prayed that this Hon'ble Court may graciously be pleased to admit this case, issue notice to the Opp.parties and after hearing the counsel for both the parties may direct the Opp. parties to give increment to the petitioner in the interest of justice; And / or may pass any other order(s), direction(s) as this Hon'ble Court would deem just and proper. "

4.

It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 02.11.2021 under Annexure-4 before the Superintendent of Excise, Subarnapur, Sonepur-Opposite Party No.2, the same is still pending before the

// 2 // said Opposite party and the said Opposite Party has not taken any decision as of now.

5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the reprepsentation of the petitioner in accordance with law within a stipulated period of time and disburse the same. 6.

Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Superintendent of Excise, Subarnapur, Sonepur-Opposite Party No.2 to consider the representation of the petitioner dated 02.11.2021 under Annexure-4 in accordance with law within a period of two months from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.

7.

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

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

( A.K. Mohapatra ) Judge Jagabandhu