Basanti Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13803 of 2022 Basanti Naik ....

Petitioner Mr. Kunja Sundar Das, Advocate -versusState of Odisha & others ....

Opp.parties Mr. S. Mishra, ASC

CORAM:

JUSTICE M.S.SAHOO

ORDER

31.05.2022 1.

1. This matter is taken up through hybrid mode. Order No.

2. Learned Additional Standing Counsel on behalf of the State submits that he may be provided with copy of the writ petition.

3. Learned counsel for the petitioner undertakes to serve a copy of the writ petition within four working days.

4. Learned counsel for the petitioner submits that her representation for grant of 2nd RACP in accordance with Rules is pending before the appropriate authority, i.e., Collector, Mayurbhanj-opposite party no.3.

5. It is further submitted by the learned counsel for the petitioner that in similar cases, the authority has granted the RACP as due and admissible to similarly situated persons.

6. Learned Additional Standing Counsel submits that if any representation is pending before the appropriate authority, the same shall be disposed of in accordance with law in due time.

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7. Having heard the learned counsel for the parties, the writ petition is disposed of at the stage of admission with the following observation:

8. The petitioner, if so advised, shall make a representation afresh before the appropriate authority enclosing copy of Annexure-5 along with all relevant documents relied upon by the petitioner for grant of RACP as due and admissible to the petitioner.

9. The authority shall do well to consider the representation(s) of the petitioner and take a decision on the same in accordance with law, as expeditiously as possible preferable within a period of four months from the date of communication of the certified copy of this order along with the documents sought to be relied upon by the petitioner.

10. The order that would be passed by the authority shall be communicated to the petitioner within two weeks.

11. It is clarified that this Court has not expressed any opinion on the merits of the case, in any manner whatsoever. Urgent certified copy of this order be granted on proper application.

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M.S.Sahoo Vacation Judge Gs