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Orissa High CourtWP(C)/12327/2022disposed off

Ajit Kumar Ray v. State Of Odisha

2022-07-04Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.12327 of 2022 Ajit Kumar Ray ....

Petitioner Mr. R. Achary, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.07.2022 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.

3.

The Writ Petition has been filed by the Petitioner with the following prayer:

"It is therefore, most respectfully prayed that your Lordships may graciously be pleased to: - Admit the Writ Petition;

And Issue a writ of Mandamus or any other appropriate writ to direct the Opp. Parties to appoint the Petitioner as per the Rehabilitation Assistance Amendment Rules, 2016 with the Opp. Party under Rehabilitation Assistance Scheme or on Compassionate Ground;

And Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

4. Learned counsel for the Petitioner submits that ventilating his grievance, Petitioner has filed a representation before the Excise

// 2 // Superintendent, Bhubaneswar, Opposite Party No.3, dated 18.10.2021 under Annexure-9, which according to the Petitioner is pending before the Authority for consideration.

5. Considering the limited nature of grievance and considering the facts and circumstances of the case, this Court directs the Excise Superintendent, Bhubaneswar, Opposite Party No.3, to consider the representation of the Petitioner dated 18.10.2021 (Annexure-9) within a period of three months from the date of receipt of certified copy of this order, taking into consideration the judgment of the Hon'ble Apex Court in the case of State of Madhya Pradesh and others vs. Ashish Awasthi, reported in 2021 (II) OLR (SC) 1072, strictly in accordance with law by passing a speaking and reasoned order. Decision so taken be communicated to the Petitioner within a period of two weeks thereafter.

6. With the above direction, the Writ Petition stands disposed of.

7. Issue urgent certified copy of this order on proper application. (A.K. Mohapatra ) Judge U.K. Sahoo